Husbands ExPartner and mother of his kids

SandC

Yes but they did buy the house together and when it is sold in a couple of years time there will be substantial equity in it of which she will get half which she can then use to put down on a smaller property for herself. The mortgage is currently only £350 per month so that shows there is plenty of equity there. Yes, she didn't work so that she could bring the children up - but he did so that she didn't have to. Now they are apart and the youngest child is 14 there is no reason whatsoever that she can't get a full time job.

Even if they were married it doesn't follow that the previous breadwinner has to pay maintenance to the wife - that only occurs if they have sufficiently high earnings to do so.

sonsbear

These things are never so straight forward. My solicitor tells me one thing my husband's solicitor says something else. Each of us a 'good case' but who will 'win'?

If these things were that straightforward with finances, etc we could all go look up a website but they aren't and there are always 'circumstances' which affect it eg your partner's ex's age and potential earning capacity. Probably virtually non existent after all these years.

Plus 'substantial equity'? If it isn't a repayment mortgage there might still be a debt owing on the house and just maybe after all those years of hard work bringing up a family she might not fancy a one bed box where her kids can stay.

Did they both agree she would not work in order to raise their children? Presumably they both knew then that one party would be in financial difficulties if they split up? Presumably, they made certain promises to each other. If they both accepted it then it seems only one kept up their end of the bargain.

Personally, I think your husband is getting off very lightly but there we go. C'est la vie.

Dinah93

With her youngest at 15 a stay at home parent is a luxury not a nessesity.

Pee

And don't get married if you don't intend to support that person for the rest of your lives, including if they commit adultery in the future.

Tim_Nicholas

Blimey, cheap house if the mortgage is only about GBP400 a month !!!

Glad you have clarification on it..

loftus

sonsbear wrote: »

These things are never so straight forward. My solicitor tells me one thing my husband's solicitor says something else. Each of us a 'good case' but who will 'win'?

If these things were that straightforward with finances, etc we could all go look up a website but they aren't and there are always 'circumstances' which affect it eg your partner's ex's age and potential earning capacity. Probably virtually non existent after all these years.

Plus 'substantial equity'? If it isn't a repayment mortgage there might still be a debt owing on the house and just maybe after all those years of hard work bringing up a family she might not fancy a one bed box where her kids can stay.

Did they both agree she would not work in order to raise their children? Presumably they both knew then that one party would be in financial difficulties if they split up? Presumably, they made certain promises to each other. If they both accepted it then it seems only one kept up their end of the bargain.

Personally, I think your husband is getting off very lightly but there we go. C'est la vie.

You make an awful lot of assumptions without knowing half the story.

ameliarate

MrsGibson wrote: »

Just a quick update for anyone interested!

We went to see the solicitor, as they were never married or even engaged my Husband does not need to pay any kind of maintenance to her, only the children. My income does not come into account when sorting how much maintenance should be paid.

As they both jointly own the property and she is refusing access she is therefore occupying his half of the house and in the eyes of the court is liable for all the mortgage payments! Thru the CSA my husband should be paying her £602 per month for the 2 children. At the minute he pays all the mortgage and gives his ex £250 a month which adds upto just over the £600 mark. The mortgage is not classed as child maintenance so if she were to go to the CSA only the £250 he is paying would be classed as maintenance so the solicitor had advised that he pay the £600 direct to her and state its maintenance but suggests she pay the mortgage with it.

With regards to selling the house my Husband get get a court order to demand a sale but there is a possibility that they refuse and say that it cannot be sold until the youngest is 17 and no longer is full time education.

So basically hes goin to continue paying her £640 a month, she pays the mortgage out of that, and then when the nearly 15 year old turns 17 they will sell the house as the 15 year old has no intention of staying in full time education!!! Oh and she is not allowed to change the mortgage to interest only from repayment!

There, think that covers everything !

Is the mortgage in joint names so that she can't change it to interest only?

If she is paying it all out of the maintenance for the children does it affect him, i.e. he is not paying his half of the mortgage so therefore when they sell he will get half, less what he hasn't paid.

SandC

sonsbear wrote: »

Plus 'substantial equity'? If it isn't a repayment mortgage there might still be a debt owing on the house and just maybe after all those years of hard work bringing up a family she might not fancy a one bed box where her kids can stay.

Did they both agree she would not work in order to raise their children? Presumably they both knew then that one party would be in financial difficulties if they split up? Presumably, they made certain promises to each other. If they both accepted it then it seems only one kept up their end of the bargain.

Personally, I think your husband is getting off very lightly but there we go. C'est la vie.

They seem quite happy that the amounts being paid are what the CSA would charge.

I made the assumption re equity because the mortgage is only £350 per month and the house, I presume is of the 3/4 bed variety - big enough to house parent(s) and 3 children. It has already been clarified that it is a repayment mortgage.

Divorce and separation is sad but it happens and neither party can expect to be kept in the manner to which they had become accustomed when there are two separate dwellings to be paid for. Not unless the household income is substantial which I am guessing it is not - sounds fairly ordinary to me.

sonsbear

loftus wrote: »

You make an awful lot of assumptions without knowing half the story.

I put the questions it raised in my mind. No assumptions intended and no offence either. I only know what the OP posted so I expect you are right, the ex partner would no doubt have a completely different view.

sonsbear

Is it repayment? Thought OP said it couldn't be changed to repayment.

CSA is a starting point/guide. It doesn't mean someone won't get more. Plenty of people do but of course it does depend on the circumstances. Just remember that because his solicitor says she won't get more that doesn't mean that her solicitor won't tell her that she will.

How many hours does the ex work? If she works 16 she could get working tax credits and maybe she would be willing to up her hours if only to help herself. Altho, at some point she loses credits.

Many children get maintenance until they finish full time education. Is that a possiblity in this case?

I imagine ex will take it back to court re house at some point anyway if there is a debt still on it. Esp when maintenance comes to an end.