Child maintenance with regards to a shared mortgage.

speedster

kelloggs36 wrote: »

If she applies to the courts you could find that you have no choice but to pay the mortgage until youngest child reaches 18. If you have a legal interest in the house then you will be stuck paying both CSA and the mortgage, so as I said, seek legal advice.

utter tosh.

if he stopped paying it would be reposessed. not the best course, but the courts would never order he continued to pay it.

his contract is with the lender and out of the courts remit. they couldn't make an order that would stick, even if they wanted to.

kelloggs36

if there are children living there they may well do.

speedster

kelloggs36 wrote: »

if there are children living there they may well do.

he cant.

i know you know your beans when it comes to csa, but the courts don't work that way.

the mortgage agreement is with the lender. that's why the deeds stay in their vault and are classed as their "assett" until the loan is paid off. it is out of the courts remit as it's a financial contract that has default payment plans in place. so miss a few payments and they will start court proceedings and forclose. end of. no ifs, no buts.

you cant go to court and demand he pays the mortgage until the child reaches 18. they'll laugh it straight out and tell them to sell the house and split the proceeds as per any split up.

normal CS rules apply for maintainence, but that's it.

romanempire

The crux of the matter is they are not married. Kingfisherblue's experience is irrelevant. Only the matrimonial courts have the power to over-ride normal civil law and force someone to give up their share in the former joint home and/or to force them to keep paying for it (if they have the means).

As Speedster said the only time the courts will get involved in this case is if the OP (or his ex) default on the mortgage and the mortgage lender sues for re-possession.

CM will be entirely separate so unless the ex get reasonable and they work out a private arrangement the ex will have to lose the house.

cpisthedbb

Cheers for all the replies- I would have responded sooner but I don't have the internet at my Dad's house.

I can see it's a complicated subject due to the mixed responses. From what I can gather it looks like my ex is incorrect I will only have to pay 15% CM.

I just want the house selling and to move on. I'm sure she's going to seek legal advice this week. I'm going to hold off seeking legal advice until I know what her intentions are.

Also, a bit off topic but I don't thinks it's worth starting a new thread- She is talking about changing the locks on the house. I'm annoyed about this as I still have a lot of stuff at the house and may need some items now and again. I would never turn up without ringing 1st but I've also heard this is illigal to change the locks whilst I still own half the house...

shell_542

Hi cpisthedbb,

This forum is really for advice on the CSA. Whilst many posters are really clued up on the CSA, you might not find as much sound advice on here regarding the other issues surrounding a split.

You might be better off seeking/asking for advice on Wikivorce.

Wikivorce

You can ask on their whether things will be different as you were never married.

DUTR

shell_542 wrote: »

Hi cpisthedbb,

This forum is really for advice on the CSA. Whilst many posters are really clued up on the CSA, you might not find as much sound advice on here regarding the other issues surrounding a split.

You might be better off seeking/asking for advice on Wikivorce.

Wikivorce

You can ask on their whether things will be different as you were never married.

Agreed, there are sections elsewhere on MSE, otherwise the thread may get closed . What you have to look out for is getting turned over like a kipper, yes you have a financial obligation to your child, but careful you don't get fleeced over the house and mortgage.

shell_542

The post I linked to on Wikivorce is regarding paying mortgage payments aftera split. Kelloggs is right, it does happen in some cases, but every case is different (unlike the CSA )

On Wikivorce you'll get people clued up on the legal side of splits and all to do with it.

cpisthedbb

thanks for all the advice. I've posted on Wikivorce, it looks like a good forum. I'll await some replies from there.

speedster

cpisthedbb wrote: »

Cheers for all the replies- I would have responded sooner but I don't have the internet at my Dad's house.

I can see it's a complicated subject due to the mixed responses. From what I can gather it looks like my ex is incorrect I will only have to pay 15% CM.

I just want the house selling and to move on. I'm sure she's going to seek legal advice this week. I'm going to hold off seeking legal advice until I know what her intentions are.

Also, a bit off topic but I don't thinks it's worth starting a new thread- She is talking about changing the locks on the house. I'm annoyed about this as I still have a lot of stuff at the house and may need some items now and again. I would never turn up without ringing 1st but I've also heard this is illigal to change the locks whilst I still own half the house...

common trick.

if she changes the locks, just take a copy of your mortgage agreement to the police station and ask for them to escort you to the property while you gain entry.

state that the reason for requesting them is that your ex is unstable and you fear she may attack you when you turn up with the locksmith.

she has no legal right to change the locks. is your name listed first on the mortgage agreement?? can be relevant if you want to force the sale.