Mortgage and/or Child Maintenance

Donedoingdebt

PaulBrian wrote: »

I guess from this point forward it's all in the hands of the solicitors to deal with.

Oh, dear, guess who'll be quids in?

silvercar

PaulBrian wrote: »

UPDATE:

Legal settlement 'offers' have been exchanged.

The X has offered me 25% of the net proceeds from the sale of the matrimonial home, as she 'needs' the lion's share to fund a new home purchase.

Taking this same factor into account I have offered her 60% of the net proceeds from the sale of the matrimonial home.

I guess from this point forward it's all in the hands of the solicitors to deal with.

So the difference is 15% of the net proceeds, after which you won't have any moral obligation to pay anything towards her housing costs. Doesn't seem that you are that far apart.

If you can. try and get some formula agreed for the sale price of the house and acceptable offers. You run the risk of her setting the price so high that it doesn't sell for 2 years. Someone I know set the house to high, even the estate agents were embarrassed to market it. Over a year and two court visits later, a judge has ruled that the price must be dropped by 10k every 2 months. From 670k it is now down to 500k and still no sale.

PaulBrian

That's a very good point regarding sale price of the house. Reducing the sale price is the subject of some debate between us, and part of my offer is that we don't reduce the sale price UNTIL we agree the %age shareout. Hopefully the X will realise that for every £10k drop she takes the bigger 'hit' and I'm hopefull but not confident that this will temper any attempt to achieve a quick sale "at any price".

silvercar

PaulBrian wrote: »

That's a very good point regarding sale price of the house. Reducing the sale price is the subject of some debate between us, and part of my offer is that we don't reduce the sale price UNTIL we agree the %age shareout. Hopefully the X will realise that for every £10k drop she takes the bigger 'hit' and I'm hopefull but not confident that this will temper any attempt to achieve a quick sale "at any price".

Visit the housing board for loads of advice on this. Houses at the moment are not moving, those that are selling are priced very realistically. Remember, each month that the house is unsold is another months mortgage payment spent.

cuddly12

Hi Paulbrian, you wife is taking you for a ride Hun and you need to stand up to her, she has a good job and yes as the mortgage is in both names, she is responsible for paying half of it. You are being very generous. I am a single mum to a little boy aged three and my ex has never paid a penny towards his up keep and I own the house so I have to work full time in order to pay my own mortgage and bills and childcare expence. If only my ex was like you then I would be laughing, honestly she is getting a good deal with the child maintenance that you pay and she should be thankful for half the mortgage payments also. Dont let her walk over you, you sound too nice for that :-)

Classy_Chick06

I totally agree with Cuddly... My husband left me and my 3 daughters almost 5 years ago, and has not paid a single penny towards the mortgage since the day he left, i had to go through the CSA to get child maintainence payments from him, and when they finally did catch up with him and requested a deductions from earnings mandate, he left his job and went to work for a relative of his, I am now in receipt of CSA (185 per month) and have been through the solicitors who advise me that although he is responsible for the mortgage as much as i am, there is not a judge in the land that can order my x to pay towards the mortgage, and as i work, if i want to remain in the house then it is my responsibility to keep up the payments , He cannot force sale on the house until the children have finished full time education.

cuddly12

Thank you Classy_Chick06, you are right, and even though @PaulBrian you are on the mortgage, she has remained in the house and thefore ultimatly it is her responsibility to pay for it, you have had to move out and re-home yourself, so now not only do you have your own rent/mortgage to pay for along with your own bills and costs you are also paying for the house that she is living in.
You need to pay her child maintenance but tell her from now on she must pay half of the motgage and then when the house is sold, downsize according to her needs and sort out whatever money is left. x

Totallyconfused_3

Sorry to jump on your thread, but Im in a similar situation, I pay 15%of my net income for maintenance of my 9 year old son and half the mortgage of the family home which equates to 15% of my net income,I also pay 10% for my daughter From my first marriage who is in full time education,we are currently proceeding with a divorce after being seperated for over 2 years.I left the home leaving all possessions and the family car which I purchased.should I be paying so much? To top it off my ex wants 70% of the equity of our home on sale but is not willing to buy me out. Is this fair although the mortgage is in joint names I paid 20k personally from the sale of a house I had from before we were married which was used towards building works.Ihave had to take out a loan to pay off a credit card bill which was used towards building materials which is 15% of my income.. What should I do? Help needed !

Mojisola

You would get more replies if you start a new thread but the best advice is to get a really good solicitor.

Mark148

May be its about time you started addressing the issue of divorce and financial arrangements for your children. Your 'wife' is enjoying a a pretty financial free environment courtesy of your efforts.

She would have to request spousal maintenance through the court and the odds are it will be granted. So now your 'wife' has shown her true colours may be it's about time that you got savvy and sorted it out.

Use the time now to work out what joint debts you have etc and what pension arrangements you both have so that they are all taken into consideration by the court if required.