Does it matter which spouse files for divorce first?
Does it matter which spouse files for divorce first?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
What if my husband stops paying the mortgage?
Late payments or missed payments will appear on both your credit reports. Once a divorce is finalized, the partner keeping the house transfers the loan to his/her name. To separate a mortgage, he/she will have to refinance. But whether out of malice or financial struggle, he stops making those payments.
Does my husband have to pay the mortgage and maintenance?
If you have a joint mortgage with your spouse, you may be wondering if you still need to keep paying the mortgage, even if you’ve moved out of the family home. The simple answer is, that even if you no longer live in the house and you’re getting a divorce, you still need to pay the mortgage.
Can I remove my husband from the mortgage?
Even if you’re happy for your ex-partner to remove you from the mortgage, the lender won’t allow it unless your ex-partner meets their affordability criteria – i.e. they show they can support the whole mortgage either by themselves or with whomever may be replacing you on the mortgage.
How do you separate but live in the same house?
Here is a checklist of what you should do if you and your spouse are still living together but are separated. Establish and maintain the intent to separate permanently or indefinitely. Use separate bedrooms. Do not engage in romantic or sexual intimacy.
What are my rights when splitting up?
What are my rights if I separate from my partner? Money or property in your partner’s sole name will be presumed to belong to them alone, unless you can prove otherwise. You have no right to claim financial support for yourself, although you do have the right to claim support for any dependent children.
