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me and my wife have been together for ten years been married for 8 have two kids 5 and 2 in october of last year she forced me to leave the house over arguments about going out i thought i had to leave she then got working tax credits to pay the mortgage and demanded me to pay 150 per week in child maintance i thought i had to comply we have a joint mortgage with 18 years left owing 96000 the mortgage provider will not take my name off the mortgage obviously as she only does 16 hrs i have said i want to move back in but am not aloowed so i have stopped giving her the 150 per week she is now saying she is going to the csa . Am i not right in thinking that she isnt allowed to forbid me to live there and cannot demand maintanance as she is not really allowed to throw me out in the first place
Hi there
Unfortunately as you have already left the family home, getting back in will be nigh on impossible as you would lay yourself open to all sorts of allegations and the possibility of an injunction to keep you away.
As you are married, have two children and have a joint mortgage I think you are responsible for keeping a roof over their heads, but I would recommend you get some legal advice on this.
Any mortgage payments you make would be taken into account in any CSA calculation but you will still be liable to pay a percentage of your salary in maintenance. The fact that she threw you out, or won't let you return has no bearing on the payment of child support.
As I have said, I advise you to seek legal advice, either through the CSB or a solicitor. Some solicitors offer a free initial consultation and this might be beneficial to you.
Hi,
I agree with the above, unfortunately you are still liable to pay the mortgage though not due to being responsible for keeping a roof over thier heads but simply down to the fact you are named on the mortgage and are responisble for the debt, if you stopped paying it they would come after you first as the main earner, which I know isn't fair as you no longer live there but unless she takes you off the mortgage there is no way to get yourself off.
There are ways to enter the house and you are within your legal rights to do this as you are a part owner, but I would mirror what has been said already and say that you will be opening up a huge can of worms if you do gain entry, let alone move back in, I would also consider the effect on your childrens lives if you were to manage to move back in as they would be effected by the tension between you and thier mother.
With regards to the maintenance, again you are liable to pay this, and if she does go the the CSA/CMS they may even award her more than the £150 you currently pay, so be careful there too.
I know this sounds all doom and gloom and I wish there was an answer but unless a solicitor can advise you differently I think you are stuck.
GTTS
so am i right in thinking that becxause she has thrown me out and now is getting working tax credits which is enough to pay the mortgage an i give her child support as i owe 96000 on the house i will never be able to get another mortgage and she will be free to live the life of a single women in my house entertaing and god know3s what else while i have to live in my mam and dads bedroom for the next 15 years until th e mortgage is paid off and if she defaults on the mortgage i will be liable for it and after two years of me not living there if she ever agrees to selling the house i would have to pay tax on it in the meantime im stuck in my mam and dads house
what about wen we get divorced will the judge not see to it that we are both sorted out equally surely it cant be fair for me to be blacklisted for the rest of my life
Hi there, I'm afraid I don't have enough knowledge in this area to advise you, others may be able to.
It might be worth taking some legal advice, some solicitors offer 30 minute free consultations, there's also the CAB and if you currently don't have a solicitor acting for you, you can call Coram Children's Legal Centre's helpline....
Hi There,
You can go through the divorce courts in order to get a final settlement, which I would imagine could resuly in the judge ordering the sale of the house which would then leave you debt free as long as the house was sold for enough to clear the mortgage, however a divorce taken through court is very costly and may end up costing you a lot more in the long run than paying the mortgage.
I would suggest mediation for bit you and your wife where a mediator would be able to help promote a compromise somewhere that would be more suitable to what you need to happen, if you are able to reach an agreement then this agreement could be sent to the court to make up the divorce order making it legally binding.
Hope this helps
GTTS
http://www.advicenow.org.uk/data/files/financial-order-june2014-final-1628.pdf
This advice guide might help you to understand the financial situation you are facing.
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