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Hello all, I could really use some help. I'll make it as short as i can. My other half has a daughter with his ex. He also has a mortgage in just his name where said ex still lives with his daughter. The house in which she lives needs to be sold as we are struggling to afford to run 2 homes. We live in a 1 bed council flat and can't move anywhere else as you can probably guess. Basically we have had solicitors involved and tried to get her to mediation but she is won't talk or deal with any of this. All we gets abusive phone calls from her brother. She ignores letters etc hoping it will just go away. This all resulted in him having no contact with the child at all.
We are now married. And I wondered if this will help with our rights to sell the house she lives in as we hit so many dead ends as we can't make the child homeless which is not what we want or he can sell when SHE gets married. What a joke!!
She currently doesn't take CSA money as it was my husband that opened the case their too and she also wouldn't speak to them either. So basically he has to pay a mortgage and keep aside the Csa money incase she decides to back date it as I know some women do!!!
The only other option people suggest is defaulting but that basically screws up our future even more and I don't want them knocking at my door while she sits pretty doing absolutely nothing about even trying to find somewhere else to live.
Sorry to waffle. I'm just so stuck
Xx
Hello all, I could really use some help. I'll make it as short as i can. My other half has a daughter with his ex. He also has a mortgage in just his name where said ex still lives with his daughter. The house in which she lives needs to be sold as we are struggling to afford to run 2 homes. We live in a 1 bed council flat and can't move anywhere else as you can probably guess. Basically we have had solicitors involved and tried to get her to mediation but she is won't talk or deal with any of this. All we gets abusive phone calls from her brother. She ignores letters etc hoping it will just go away. This all resulted in him having no contact with the child at all.
We are now married. And I wondered if this will help with our rights to sell the house she lives in as we hit so many dead ends as we can't make the child homeless which is not what we want or he can sell when SHE gets married. What a joke!!
She currently doesn't take CSA money as it was my husband that opened the case their too and she also wouldn't speak to them either. So basically he has to pay a mortgage and keep aside the Csa money incase she decides to back date it as I know some women do!!!
The only other option people suggest is defaulting but that basically screws up our future even more and I don't want them knocking at my door while she sits pretty doing absolutely nothing about even trying to find somewhere else to live.
Sorry to waffle. I'm just so stuck
Xx
Has your husband spoken to the mortgage provider kimba?
Is there any court order in place concerning her being allowed to stay in the property? I would have thought that as she is not on the mortgage agreement your husband would have the right to sell! Unless there is a court order in place. Even then I'm sure you would be able to take it back to court and argued that financially the property needs to be sold so that you as a arrived couple can move forward.
As far as the CSA situation is concerned, if she didn't open the case and it was your husband that did, I'm pretty sure he can close the case. I would contact the CSA and get some clarification, if they say that you can close the case and there is no outstanding arrears then ask them to put that in writing. There is a website called Child Maintenance Options and of you contact them they may be able to advise you further.
The CAB is another useful resource and as far as the mortgage situation is concerned, many solicitors offer a free initial consultation and your partner could perhaps take advantage of that to get some legal advice.
Thank you for your reply i really appreciate it. There is no court order in place. She literally refuses to move out and according to the last solicitor there is nothing he can do about it. She has to leave at her own will or get married basically. 🙁
The CAB office at the time only suggested defaulting. Might be worth another try i guess. Ill get him to call the CSA so thank you for that suggestion! Maybe ill get him to ask about the mortgage situation too.
Thanks again xx
I'm not legally trained but I don't think the advice from the solicitor sounds right if there's no court order in place! Hopefully one of our legally savvy members will come and give further advice.
Hi
You partner is wise to pay money into savings for maintenance. As the case is open, his ex can go to the CSA and maintenance will be calculated from the day they open a case, so they could be backdated. However, I see no reason why the case has to remain open - I would suggest that he closes the case with the CSA - since he opened it, he should be able to do this. That may well limit the possibility of backdated arrears - though it's still worth paying the money into savings.
I would speak to the Citizens Advice Bureau on trying to sell the house, as you need specialist advice on this.
One thought though - if, instead of paying the mortgage directly, he pays it to his ex wife directly (make it an amount slightly different to the mortgage), but marks the payments "Child Maintenance", that would help him considerably should she ever claim maintenance, meanwhile the house still stays in his name only.
If the property is in his name, he can sell the property -
However she can make a financial claim on the property under Trusts of Land & Appointment Act because of the child (commonly called TOLATA).
I really strongly think you should go to another solicitor and seek advice again, look at a 30 min free solicitor.
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