Just received this - please help

zzzLazyDaisy

Doorstep_horror wrote: »

He's not going to pay any whilst we stay in this property.

He doesn't have a choice - if you make a claim via CSA he must pay 20% of his income. Yes he can refuse to pay the mortgage (but see above post) but if he refuses to pay CSA - assuming he is an employee - the CSA will simply order the employer to deduct the payment at source and send it direct to CSA.

Hit back girl - he is playing dirty, don't trust him.

Do what you need to do to look after your children. CSA is a legal right.

zzzLazyDaisy

Bubby wrote: »

He has a duty to pay the mortgage as it is joint, child support is still applicable regardless of him paying the mortgage so go through the csa asap

As I understand it, the house is in his sole name - which means the mortgage is also in his sole name. His sole responsibility.

blue_monkey_2

Well done on being strong, I could not imagine anyone would be able to stay under the same roof without saying they knew something - I would have been spitting fire.

I told you he would be off - and this proves it. He arranged a mortgage today did he, despite needing your signature if he has remortgaged the house? It will not happen overnight so let him continue with his lies. I bet the broker does not even know about you being there, no doubt dressed you up as a lodger - it's only a few more working days and houses take weeks to get sorted out so you will be fine.

I do not know much about it but I am sure he will have to have the mortgage approved first and once they find out about you his plans will be slightly scuppered. I believe the solicitor can get a mrker put on the property in case things like this happen and to stop husbands selling the houses just like that.

Take a deep breath. You are holding the upper hand now and he knows that.

Well done for being strong enough to do it and not let this eat away at you.

Doorstep_horror

He has agreed to get something in writing (legal) stating that he is paying mortgage, if I do go via csa I have to leave here as he can't afford both. He works for a company.

Doorstep_horror

He said he told the broker about the situation with me, kids and property.

blue_monkey_2

zzzLazyDaisy wrote: »

As I understand it, the house is in his sole name - which means the mortgage is also in his sole name. His sole responsibility.

From the CAB website: http://www.adviceguide.org.uk/index/your_family/family_index_ew/living_together_and_marriage_legal_differences.htm#Housing
Marriage

Both married partners have a right to remain in the matrimonial home, regardless of who bought it or has a mortgage on it. This is known as home rights. You will have the right to stay in the home until a court has ordered otherwise, for example, in the course of a separation or divorce settlement.
If you and your partner are divorcing, the long-term right to ownership of your property can be decided during divorce proceedings. The court has the power to transfer property regardless of original ownership. However, if you are not separating legally, the court will only agree to transfer ownership of a property if it is in the best interests of your children.
If you are the sole or joint owner of the home, your partner will not be able to sell it without your agreement.
However, if your partner is the sole owner, you will need to register your home rights in order to protect your interests. Unless you register your home rights, you will not be able to prevent your partner from selling the home or be able to remain there if it is sold.
You can register your home rights, regardless of whether or not you are still living in the home.
You will need to register your home rights with either the Land Registry or at the Land Charges Department, depending on whether your home has already been registered or not.
If you register your home rights, they will show up when buyers do a search on the home. This would make them aware of your right to stay in the home and would prevent the sale going through.
You can find more information about registering your home rights on the Land Registry website at: www.landregistry.gov.uk.
This is a complicated area of the law and you should get expert legal advice.
For more information about getting legal advice, see Using a solicitor, or ask your local Citizens Advice Bureau for help. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

The OP said she is registered with the land registry so she needs to get the solicitor onto this. Looks like he is up sh it creek and is going to been a f'ing big paddle. :T :rotfl:

blue_monkey_2

DH - call the Land Registry tomorrow and make sure you do the above and make sure you have registered your Home Rights.

blue_monkey_2

Doorstep_horror wrote: »

He's not going to pay child support, he's paying the mortgage.

Oh dear, he thinks this does he.....

I am sure the CSA will have something to say about that.

Do not forget that money from the maintenaince does not affect your benefits so the money you get from that might mean you can afford it anyway.

Look on the positives of this - you are worth SO much more than this.

blue_monkey_2

Doorstep_horror wrote: »

He has agreed to get something in writing (legal) stating that he is paying mortgage, if I do go via csa I have to leave here as he can't afford both. He works for a company.

DH - read my post with info from the CAB, it is important. Do this tomorrow.

Tough sh-it really, he should of thought of that before he started dipping his wick elsewhere.

I am sure he never gave you and the kids a 2nd though while he was with his fancy woman/women - now it's your time, hit him where it will actually hurt him, he clearly does not give a toss about his family.

PS. You might want to print a copy of that CAB thing out and leave it somewhere he can find it. That will wipe the smug smile of his smug face for a bit - he will then know he cannot sell it without your permission. As I said - he will need a bloody big paddle - and it's all his own doing. I think it is clear he was going to do this anyway - the man who left the note has done you such a huge favour.

Also makes me wonder if it was going to be a 'home' or some sort of seedy sex den for them to play their 'games'.

Doorstep_horror

Blue monkey your post prompted me to go and look in my cupboard, where I found an old solicitors letter stating that they were registering me with the land registry. So this should already have been done back in 2009.

Being a hoarder has it's uses!