What to pay when marriage breaks up

consultant31

Dave101t wrote: »

why has she booted you out your home? you should boot her out. there are womens centres, no mens centres.

What about the children? Would they be booted out onto the street with their Mother? If the OP is working, he wouldn't be able to care for them full time I imagine.

pitbulluk

Thank for all your helpful replies. Floss, how did you guess? LOL

floss2

pitbulluk wrote: »

Thank for all your helpful replies. Floss, how did you guess? LOL

Too much time spent working out what my ex-H was on when I got my CSA letters!!

Seriously though, you should take advice re the maintenance & house, and also stop the joint tax credits claim ASAP. Apart from anything else, you will both be liable for repaying any overpayment.

pitbulluk

Are they any legal websites / firms where I can get some free legal advice as she is going to a solicitors on Friday?

Thanks for your replies.

pitbulluk

She saw the solicitor today. They said that I can't sell the house until the children are 18. I can't make her sell it apparantly. She can't afford half the mortgage payments so what advice can anyone give me?
I'm seeing a solicitor next friday.

daska

There are two aspects to the financial side. You can't have a clean break from the kids, no matter how much money you hand over as part of the divorce etc, the CSA can claim maintenance from you until they are adults. But, in terms of the house, you can hand over a greater percentage of the equity in return for less maintenance. Problem is, if she's on IB then she will presumably struggle to get a mortgage in her own name and the house still has to be paid for, or it has to be sold and she has to downsize. If you're really liable for £200/week maintenance, I'd suggest you should be able to afford some legal advice.

maggied_2

Post this on the Child Support thread - lots of people have been in your position.
It is correct that she doesn't have to sell the house until the youngest child is 18 (think they may have to be in full time education for that - double check).

You can continue to pay a share of the mortgage for X% share of the equity when she sells it. However I don't think you can be forced to pay the mortgage plus your other commitments (see below) but if she defaults while it's in your name then you could be liable.



You do have to pay 25% of your net salary to her for child maintenance less but you get an allowance for each night the children stay over (if they are doing so). BTW for 3 children it's £250 per week on £1000 net, less your 'overnights' allowance.

I hope this doesn't sound too blunt but are you considering a divorce? She may also be entitled to spousal maintenance as part of that.

Do as much research as you can (wikivorce have some useful info) but I thikn you're going to need a solicitor for this!

If you get divorced you could go for a financial 'clean break' whereby you pay her a certain amount now (could incorporate some of the house) rather than paying every month. Also some divorcing couples make arrangements whereby the ex-wife receives the family home in return for not making a claim on the ex-husband's pension.

As has been said above make sure you do NOT pay her anything in cash. Not implying that she would but if you look on the CS board there do seem to be people paying arrears because the X has said she never received anything.

Rather than pay the bills you would probably be better off paying the money to her by bank transfer or SO and marking it as "CM for [names of children].

HTH - good luck C

RootyTooty_2

Hi,

If your house is in joint names, then she cannot “boot you out”. You have a legal right to be there, unless your wife gets a restraining order to keep you away. You could move back in, and then start negotiating settlement from that point.

Just a thought.

thorsoak

If there has been violence she may be able to "boot you out"....

MrsTinks

thorsoak wrote: »

If there has been violence she may be able to "boot you out"....

Not unless she reported it to the police and the courts got involved...

OP get legal advice - not doing so will end up costing you dearly in the long run! Most will offer you a free 30 minute consultation - go with a list of your questions prepared to get the most out of it...

STOP the cash payments immediately - inform the tax credit people immediately that you have moved out and personally I'd move back in - you jointly own the house - you have as much right to be there as she does.

Stop paying her bills - pay her the amount of CSA that you legally should be (tracked!) and before you pay or stop paying anything else speak to a solicitor!