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  • FIRST POST
    • DanielBurdett
    • By DanielBurdett 10th Jun 17, 4:40 PM
    • 2Posts
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    DanielBurdett
    Do I have to pay maintenance and the mortgage for the family house they live in
    • #1
    • 10th Jun 17, 4:40 PM
    Do I have to pay maintenance and the mortgage for the family house they live in 10th Jun 17 at 4:40 PM
    Do I have to pay child maintenance as well as the family house mortgage which the ex and children live in even though I don't live there
Page 1
    • DUTR
    • By DUTR 10th Jun 17, 5:14 PM
    • 10,879 Posts
    • 6,183 Thanks
    DUTR
    • #2
    • 10th Jun 17, 5:14 PM
    • #2
    • 10th Jun 17, 5:14 PM
    Do I have to pay child maintenance as well as the family house mortgage which the ex and children live in even though I don't live there
    Originally posted by DanielBurdett
    Depends on if there is a CMS case open and what arrangements you have agreed to .
    • HoneyNutLoop
    • By HoneyNutLoop 11th Jun 17, 7:38 AM
    • 474 Posts
    • 375 Thanks
    HoneyNutLoop
    • #3
    • 11th Jun 17, 7:38 AM
    • #3
    • 11th Jun 17, 7:38 AM
    If an application is made to CMS or already exists with CMS/CSA you are legally required to pay.

    If you're named on the mortgage then you have entered a legally binding contract with the mortgage provider to pay the mortgage. If the mortgage is just in your name, you are responsible for paying all of it. If it's in joint names, you are both jointly and severely liable.

    Of course, you could stop paying one or both, but there would be consequences to both decisions. You would then have to decide if you are happier with the consequences than paying both.

    You can't just walk away from a mortgage because you've split up. You will need to either work with your ex to sell the house or for her to buy you out or for you to pay off your share of any negative equity and her to take on sole ownership, so you are legally free and clear to walk away from that commitment. If you can't or won't, your only option is to take the matter through the courts.

    If you do pay both, you can ask CMS/CSA to take account of the mortgage payment as a variation to your child support calculation.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
    • NotSuchASmugMarriedNow
    • By NotSuchASmugMarriedNow 12th Jun 17, 11:28 AM
    • 543 Posts
    • 1,082 Thanks
    NotSuchASmugMarriedNow
    • #4
    • 12th Jun 17, 11:28 AM
    • #4
    • 12th Jun 17, 11:28 AM
    Is your name on the mortgage?
    Overactively underachieving for almost half a century
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