Moneygrabbing PWC here needing advice..

catenorfolk

if you are married to this guy , then, even tho the house and mortgage are in his name you would be entitled to some of part of the equity of the house. especially as you have kids. They are entitled to have a roof over their heads and being supported by said father. I would get proper legal advice about this. Just ignore any idiots on here cause they are bitter about something or other!!!

real1314

Wasteland_Drifter wrote: »

CS2 might be different. Question is do you want to remain in the house while he pays the mortgage over it?

If yes, then you can sign a tenancy agreement and you can get housing benefit. He can use that income to pay the mortgage and free up income to pay you your CS2. The CSA (old rules at least) will not consider providing a free roof to be child support and he will be charged twice.

If you dont want to sign a tenancy agreement and the CSA doesnt let him retain enough income to rent a house then he can ask his lender to close the mortgage and cash-in the equity.

You clearly do not know much about HB. You cannot claim HB for renting from a parent of a child who lives in the household. Under any circumstances at all.
If you're going to comment on areas that you do not know about, at least say "you might be able to get HB" so that people are not mis-led.

Poppy9

Am I reading this right.

You live in the family home and OH pays the mortgage but doesn't give you any CS for the children.

The CSA will disregard that he is paying the mortgage and he will have to pay CS as well.

He owns the house solely and when you vacate he will retain 100% ownership and as part of the divorce you will not ask for any share of the house?

On the face of it seems unfair that if he is paying the mortgage it doesn't count as CS as he paying to keep a roof over his children's head (and his ex wife). Not knowing the size of the mortgage but it seems harsh to have to pay a mortgage, plus CS, plus provide accommodation etc. for himself.

Mips

Poppy9 wrote: »

Am I reading this right.

You live in the family home and OH pays the mortgage but doesn't give you any CS for the children.

The CSA will disregard that he is paying the mortgage and he will have to pay CS as well.

He owns the house solely and when you vacate he will retain 100% ownership and as part of the divorce you will not ask for any share of the house?

On the face of it seems unfair that if he is paying the mortgage it doesn't count as CS as he paying to keep a roof over his children's head (and his ex wife). Not knowing the size of the mortgage but it seems harsh to have to pay a mortgage, plus CS, plus provide accommodation etc. for himself.

The house is in negative equity anyways. And plays a big part in why we are splitting up. I have no claim over a house that has no money in it.

It does seem unfair that he is paying mortgage on a house he hasn't lived in for a month. It is also unfair that he has damaged that house that he wants so much whilst trying to control his wife.

He isn't trying to keep a roof over my head at all - he couldn't give a toss about his wife or the kids.


The whole point of this is:

He is living completely rent free having his meals cooked, his laundry washed and is child free, doing whatever he wants.

I have three children, have to work, cook, clean, study and everything else.

I have told him he can have his property back - but I need money to do so. This is the bit he doesn't like.

Two choices - like it or lump it.

Now sorry, but I could go to a divorce solicitor.. get him kept away from me and the kids due to his deranged behaviour an have him paying spousal maintenance too!!!

So I think I am pretty reasonable here.

baza52

Dippychick wrote: »

The whole point of this is:

He is living completely rent free having his meals cooked, his laundry washed and is child free, doing whatever he wants.

I have three children, have to work, cook, clean, study and everything else.

your living rent free. he is paying the mortgage on the house your living in.

we all have to look after ourselves and our children and i suspect he has moved back home and his mother/father are looking after him just like your looking after your kids.

DGJsaver

Hope your giving him access to the littluns ?

Poppy9

Dippychick wrote: »

The house is in negative equity anyways. And plays a big part in why we are splitting up. I have no claim over a house that has no money in it.

It does seem unfair that he is paying mortgage on a house he hasn't lived in for a month. It is also unfair that he has damaged that house that he wants so much whilst trying to control his wife.

He isn't trying to keep a roof over my head at all - he couldn't give a toss about his wife or the kids.


The whole point of this is:

He is living completely rent free having his meals cooked, his laundry washed and is child free, doing whatever he wants.

I have three children, have to work, cook, clean, study and everything else.

I have told him he can have his property back - but I need money to do so. This is the bit he doesn't like.

Two choices - like it or lump it.

Now sorry, but I could go to a divorce solicitor.. get him kept away from me and the kids due to his deranged behaviour an have him paying spousal maintenance too!!!

So I think I am pretty reasonable here.

Dippy I can tell you are upset that he's !!!!!!ed off and better vent here than in front of the children.

However you did choose to have 3 children with this man so unless you are a complete numpty then he can't be all bad because you wouldn't have kept on having children with him.

You are lucky he isn't looking to share the negative equity with you because if there had been any equity in the house I'm sure you, like most wives, would expect a share of that equity.

Easier said than done but don't try to bankrupt him in revenge and however difficult it is try to let your children keep a relationship with them. I can remember thinking one of my friend's was mad to keep encouraging her DDs (8 & 10)to see their father after he had beaten her up in front of them, vandalised her new house and car after she had left him. Over 10 years down the line her DDs have a good relationship with their father which has made my friend's life easier. She walked away from her marriage and left him in the house they owned together. She just started again as she felt it was less stress on her and her daughters.

Mips

DGJsaver wrote: »

Hope your giving him access to the littluns ?

Kids love him.. would never withold contact.. he seeing them every morning and every night.. we stay on seperate floors during this time !

He isn't that bad and half the things he has said and done have been in anger... but I realise we are just reacting to each other.. because I have said some pretty awful things I don't think!!!

Last thing I would do is keep him away from kids. Money means nothing to them.

Blob

Hi, on the face of it this is not a simple as it sounds.

Yes if you go to a solicitor you will posible get the house with the usual conditions attached, because of the children.

If he goes bankrupt then you are without doubt homeless as the house will be sold by trustees, been there done that.

The position of the CSA in my case was sell the house make them homeless and pay what we want, if it is your view that this helps the children by makeing them homeless, then that is for you to decide, I make no judgment.

However his options as you have put it are very limited, with the intervention of the CSA he may well have no option but to stop paying the loan on the house, result you will be thrown out by the lender, when they reposes the house.

One option you may like to look at is that if you give up work, stating 'Marital Breakdown' as the reason and that you then had to look after your kids, you will I believe then recieve all of the State Benefits, and then under the provisions of the Married Womans Protection Act claim the house, the benefits may well keep the loan being paid, you will then have to sell the house when the kids reach 18 or there abouts. Something to look at and consider.

I am glad to hear that you dont stop your kids from seeing thier father, and long may that remain the case.

Hope it helps.

Mips

Blob wrote: »

Hi, on the face of it this is not a simple as it sounds.

Yes if you go to a solicitor you will posible get the house with the usual conditions attached, because of the children.

If he goes bankrupt then you are without doubt homeless as the house will be sold by trustees, been there done that.

The position of the CSA in my case was sell the house make them homeless and pay what we want, if it is your view that this helps the children by makeing them homeless, then that is for you to decide, I make no judgment.

However his options as you have put it are very limited, with the intervention of the CSA he may well have no option but to stop paying the loan on the house, result you will be thrown out by the lender, when they reposes the house.

One option you may like to look at is that if you give up work, stating 'Marital Breakdown' as the reason and that you then had to look after your kids, you will I believe then recieve all of the State Benefits, and then under the provisions of the Married Womans Protection Act claim the house, the benefits may well keep the loan being paid, you will then have to sell the house when the kids reach 18 or there abouts. Something to look at and consider.

I am glad to hear that you dont stop your kids from seeing thier father, and long may that remain the case.

Hope it helps.

Hi there

Giving up work is not an option - I love my job and my kids love nursery and I really don't care about the house.

It's sorted now, he's giving me the money and I am going to move out probably in next few weeks.

No point in losing the house the kids know and love - he can stay here. It really doesn't bother me all that much

I just don't like being controlled.. and sometimes think I would like to give him a dose of his own medicine.. however, I take no pleasure in treating people badly. I feel guilty