Buying Ex Husbands 50% Share of House

[aminag]

I was wondering if anyone could give me some advice on what I need to do regarding the above. My husband and I split up June 2007. After 6.5 years of marriage. I later filed for divorce in Dec 2007. My lawyer wrote a letter to my husband to move out due to his behaviour when under the influence of alchohol. Anyway he agreed to move as long as I did not get a court order against him. My husband has a very nagging kind of attitude he won't let up until he has what he wants. So he drafted an agreement which basically said that I would buy his half of our house and pay him in monthly installments for the next seven years. I agreed, against my better judgement, because I knew I could not afford to pay an extra �200 pounds monthly seeing that I am now on a single income and I have to pay all the bills myself. Including the mortgage which he has not contributed to since he left. I tried to extend the start date of payment until I was able to financially, but his solution is to sell nothing else. I paid it once and have not paid again. Now he is threating to move back, because there was no court order and also because I have not kept to my agreement. Can he do that and what leg do I have to stand on?

[sara3]

personally, I think you should see a solicitor, re-mortgage to pay him off properly and get his name off the deeds. the house will remain half his until you get the deeds changed.

[gina32]

if you cant afford the extra money each month then its highly unlikely that you will be able to get a mortgage on your own, and the building society wont take his name of unless they can be sure that you are able to pay the full amount yourself, the mortgage is in joint names i asume so that at the moment if you default on the mortgage they have him to fall back on. ask your solicitor and see the building society or bank who you have the mortgage with. good luck

[jedimistress]

He has the right to live in the property as long as he does not cause you distress. A solicitor's letter asking him to move out is not owrth anything.

Are you going to get a divorce?

[jedimistress]

Apologies, I re -read the question. How is your divorce going? How far are you through your financial settlement? can you hold out until that is complete as the house situation will generally be sorted out then and will not involve you living with each other.

[aminag]

Hi jedimistress, the divorce is not final yet it seems to be taking longer than I expected. I was told that becuase we had agreed to settle our financial affairs out of court and were not arguing about who gets what it would go smoothly. He does own other property and I agreed not make a claim on it or any of his other incomes. The fact that he owns other property and that he is violent when he drinks was the reason for the lawyer making him move, the police have been called several times, but I never pressed charges. Thanks for the advice I will speak to my solicitor.