juicemental Posted September 10, 2010 Posted September 10, 2010 my husband and i have been married for almost 6 years ,we have a 5 year old son ,we are corrently considering a separation ,we have a morgage on our house with both names and we have had that foe 7 years ...he is currently on half salary bcos of his ill health and a on full time nurse,i will be keeping costudy of my son ,i would like to know what am entitiled to and if he still has to pay towards the morgage as well as our sons upkeep thanks in advance
jnj express Posted September 10, 2010 Posted September 10, 2010 Depends upon the laws of the state/country you live in, and the agreement you make tween yourselves, as to how to divide your property----most divorces end up selling the house and splitting the proceeds ---if there is equity---if you are upside down, then you may wanna allow foreclosure, take a BK----your atty., will advice you as to what to actually do
PegNosePete Posted September 10, 2010 Posted September 10, 2010 Well firstly this forum is for general advice and support, not financial advice. We're not qualified to answer anything in an official capacity. Any answers you get here will be based on personal experience, not training or qualifications (unless anyone here is a lawyer?!). Having said that, there are lots of people who have much experience, so we may be able to give an idea. Firstly which country are you in? That will make a huge difference. My experience is the UK, so if you're in the UK, this will probably apply. Assuming your husband moves out, he will not have to continue paying the mortgage. He should not have to pay for a house that he is not living in. Since you and your son will have sole occupation of the house, it is only fair that you pay the mortgage. However he will have to pay child support, this is fixed by the CSA at 20% of his net salary. As to who will get ownership of the house, well it would depend on the financial situation. What are your respective earnings and outgoing? The law in the UK is not based on who is entitled to what. It is based on who needs what. The welfare of the children always comes first. If your husband moves out then you'll be in a much better negotiating position.
habs53 Posted September 10, 2010 Posted September 10, 2010 (edited) In Canada he will not have to pay for anything regarding the house. If you want to keep the house after divorce, you will have to refinance and buy him out. Or sell of coarse. Only thing he will have to pay you is child support which is only a portion of his wages. If his wages are reduced the courts may find he only has enough to live. He pays nothing. If he decides to take you to court for 50/50 you will get nothing of coarse. He would have an excellent chance of obtaining that as well. So basically you may or may not receive some money from him, but nothing major. As of right now, i am still living in the house. I pay for everything. Keep in mind it may be different where you live. Although Canada and the US laws are virtually the same, Edited September 10, 2010 by habs53
Author juicemental Posted September 11, 2010 Author Posted September 11, 2010 hi,will it be possible if i can have your email to talk further
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