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Hi i was hoping i could get some advise, my wife left and moved into rented accommodation by her own choice. we have a joint mortgage that has some equity but also have debts that are about 30 percent more than the equity. I get no contributions towards these bills and also pay child maintenance to her. She has no interest in the house but does want some sort of settlement. i have already offered to take on the house in exchange for the house plus a few thousand to help with the costs of her setting up a new home.
it seems im expected to pay all the mortgage £500 a month in debts and child maintenance then at the end give her a lump sum to keep the house, while she pays nothing? surely this is not right. i have no problems paying for my kids but is there a way to get her to help me with mortgage costs without a costly legal battle
Hi bananaman,
This will be a very worrying time for you.
I don't know the technical answer to your question, but I'm pretty sure one of the moderators will be in touch soon with a good reply.
I think that whilst the CM payments are based only on your income, you will be able to apply for a 'variation' because of the joint debts (the mortgage and unsecured loans in joint names). I don't know the details, but someone from this forum will soon come to your aid.
The settlement piece is probably outside the bounds of this forum, being a divorce matter, but someone can probably point you in the right direction for finding the information you need.
I'm hoping the residency or contact arrangements for your children are what you want and sufficient for you to be a really good dad for them, that is the most important thing.
Good fortune,
O
Hi bananaman,
you will be able to apply for a 'variation' because of the joint debts (the mortgage and unsecured loans in joint names). I don't know the details, but someone from this forum will soon come to your aid.
Variation orders only work in favour of the “Receiver” joint debts mean absolutely nothing to the CMS
If your wife stayed in the house then the variation order on the joint house Debt Only will stand after you send the proof of the joint Mortgage
Thanks CMS ofc this is all in the best interests of the children as long as the “Receiver” gets everything
The variation for debts is only for debts that were incurred for the benefit of the family (including the house) while you were together. Credit card debts won't be taken into account.
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