Any help would be much appreciated!

kelloggs36

However, that decision is not down to you or a solicitor, but the mortgage company. So, in essence if she defaults on the mortgage, you are still equally as liable for repayments AND ARREARS as you ever were. Be careful.

EIGHTOF8

Hi Kelooggs36,
That is true, however if she was to default on the mortgage, she would be liable for all payments due to the agreement , hence i was indemnified.

Kimitatsu

We have one of these agreements too - it states that Mrs x agrees that she has taken over the mortgage payments and Mr x is indemnified from any responsibility from them.

To be on the safe side we stilll pay the £20 a year for a duplicate statement to ensure that the payments are being made, but it is a legal document and has been approved by a judge so technically if she defaults then all of the costs could be claimed back from her.

kelloggs36

I'm not sure that the mortgage company would see it like that. I was told (years ago mind you) that if my ex's name was on the mortgage, then he would always be equally liable and there was nothing he could do about it. Even if I lived in the house with the childen and then couldn't afford to pay, he would have to. When the house was repossessed (long story but not due to me I hasten to add lol), I was equally liable for the payments even though he had had all the money from the tenant, and not paid the mortgage with it as agreed.

GrahamJP_2

Hello all,
Thought I'd give you an update. My ex and my daughter are still renting elsewhere. I'm still in my house (joint mortgage) and we haven't yet agreed on an equity split for the house. Few arguments over that. Basically I'm still paying over and above with regards to maintenence for my daughter (don't mind doing this at all) and am still even paying for the car the insurance on the car they are using (car in my name) and also paid the vehicle tax etc on this last month. What we can'r agree with is on the equity split on the house. I reckon there's about 12 grand equity on the house but my ex thinks should give her at least 10 grand. That's based on the fact that the outstanding mortgae balance is circa 113 grand. My ex's parents gave us 6 grand for a deposit and this is continually used as a starting reference point. My issue is that for the last 52 months I have paid all of the mortgage (around 34 grand) while she didn't pay a penny. Yes, she has been looking after my daughter for around 36 months of that but even before then I paid for the lot. I'm thinking of trying to remortgae and give her a lump sum of around 6 grand even though I might find it quite hard to pay it and still providing maintenence for my daughter. Also thinking that I need to speak to a solicitor about this. Does anybody feel I'm being selfish here?? Am so confused. I still seemy daughter every night as it means my ex can still go the gym (for which see sometimes borrow my car). Oh and with my car...I took out a 5 grand personal loan last year to buy that and she now wants this car as it's superior to the one she's got now....

What a mess!

EIGHTOF8

Was wondering how it turned out for you. Its been a while on this thread. Hope alls good.

xxBigbirdxx

My friend is with a guy who has 2 kids from a previous relationship. When him and his ex-wife split up, he signed the house over to her, in his mind for the benefit of the kids.

He now has a child with my friend but the ex-wife is demanding money left, right and centre as she re-mortgaged the house to get money out of it but now struggles to pay the mortgage. Is there any way that my friends partner can utilise the equity he signed over to her to reduce any payments he makes to her?

He takes his kids every weekend and puts up with a lot of abuse from his ex but she just keeps threatening him with the CSA. He barely makes enough to pay his bills as it is without his ex demanding even more money so she can take the kids to Florida when he can't even be sure if he's got enough money for dinner and I am not exaggerating.

Any help would be greatly appreciated.

kelloggs36

Only if it was before 1993.

Caz3121

Might be worth your friend having a look at the CSA calculator given that there does not appear to be a current CSA case this would be under CSA2 "rules"
Calculation (if I am right)
net pay
less 15% for the child that lives with him = y
20% of y as the assessment for the 2 children with his ex
if they are with him 104+ nights per year (2 nights each weekend?) then it is reduced by 2/7ths...if less that 104 but more than 52 then reduces by 1/7th
At least is he knows that the CSA assessment would be he might be in a better position to make a private arrangement knowing that the CSA assessment is the "worst case" and he can compare that to what he currently pays
There have been a number of cases on here where ex's threaten CSA then follow through threat to find they are getting less than they got before