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Advice re mortgage ...
 
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[Solved] Advice re mortgage and child maintenance please

 
(@lachk)
Active Member Registered

Hi all, I have recentky split from my partner, not married just living together, after 16 years with two kids 13 and 11. I have left the family home which is mortgaged solely in my name. I have stated to my ex that i will continue to pay the mortgage and the maintenance worked out on the gov.org site using their calculator.

I understand I am responsible for the mortgage as it is in my name but I don't want to live their, I am happy for them to stay in the family home. My ex believes that I am not paying enough and is threatening me with solicitors which I cannot afford.

I assume my options are to either sell the home and work out the split in equity, however that would work (advice gladly accepted!) or convince her that she is getting the maintenance i would be forced to pay if I was being awkward and a free roof over her head. Am I not doing enough? Should I just sell up and split the equity.

A bit of background, I was the only wage earner until June last year and I have paid all bills up until that point including the mortgage for 11 years, she started work last year and started comtributing to the household at that point, I assume that would affect her share of any equity in the property?

Many thanks for any advice given, i thoight I was being overly generous but she is completely at odds with that.

Quote
Topic starter Posted : 03/07/2015 7:46 pm
(@dadmod4)
Illustrious Member

Hi

Even though she didn't contribute to the income, she has stayed at home looking after the children which meant you could go out to work. That may not be exactly the case, but it will certainly be a starting point for her solicitor if it goes to court.

I would recommend that you go for an initial consultation with a solicitor - some will give an initial 30 minute consultation free (if you know which her preferred solicitor is, and she hasn't yet been, I'd go for that one - it stops her from using them then), but even if you need to pay for a couple of hours, or occasional consultations after that, I think it could save you a lot in the long run.

ReplyQuote
Posted : 03/07/2015 10:07 pm
lachk and lachk reacted
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

I agree with actd, it's best to get some legal advice. If you aren't married then you are considered as cohabiters and different rules apply. Here's a link to some information about those differences

https://www.citizensadvice.org.uk/relationships/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

Best of luck.

ReplyQuote
Posted : 04/07/2015 1:57 am
lachk and lachk reacted
(@Twiston)
Reputable Member Registered

They're also her kids though, and so he's been supporting her to be a SAHM?

ReplyQuote
Posted : 04/07/2015 2:07 am
lachk and lachk reacted
(@dadmod4)
Illustrious Member

Yes, he has, but the situation would be just the same if he has stayed at home and she'd gone to work. There is a recognition by the courts that the stay at home parent is making a career sacrifice for the children, and that does count as a contribution towards the household which is given a monetary value. The courts do also recognise that a mother should be able to go out to work once the children reach a reasonable age, so being a SAHM isn't a route to a life of leisure.

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Posted : 04/07/2015 9:50 pm
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