Ex wife in my house with new partner

monty-doggy

I've given her maintenance, more than the csa, so that in my mind covers my half of the mortgage.

*max*

Do you mean child maintenance? If so, that is completely separate. Paying child maintenance doesn't absolve you from your responsibility towards the mortgage if you want to retain an interest in the property; it's not "either/or" (someone correct me if I'm wrong?).

monty-doggy

No child maintenance is £230 a month, I pay £320 plus I buy school uniforms, shoes for home and school, coats, all school trips and I provide things like bikes and scooters which are at their mums. I also pay house insurance because she won't. (Buildings)

In winter I always end up putting money in her gas and electric meters too as she constantly runs out and the kids end up sat in dark and cold.

monty-doggy

The mortgage is 280 ish interest only.

mumofjusttwo

I believe that child maintenance is to also cover the cost of ensuring that thr child/children have a roof over their head so therefore would mean he does not need to aldo pay the mortgqge.

Of course if she does not keep up payments the mortgage company can chase him for the money.

*max*

Yes, but in the eyes of a court, the money he pays is for maintenance only - he chooses to pay more than the CSA says he should. It's irrelevant when it comes to any interest in the house. That money cannot be seen as "paying his half of the mortgage". So yes, he's still liable if she defaults, but she would also have a strong case for any equity being awarded largely in her favour since she is the one who has been paying (or not, rather!) the mortgage since the split. It's very messy, you need a solicitor ASAP OP!

monty-doggy

*max* wrote: »

Yes, but in the eyes of a court, the money he pays is for maintenance only - he chooses to pay more than the CSA says he should. It's irrelevant when it comes to any interest in the house. That money cannot be seen as "paying his half of the mortgage". So yes, he's still liable if she defaults, but she would also have a strong case for any equity being awarded largely in her favour since she is the one who has been paying (or not, rather!) the mortgage since the split. It's very messy, you need a solicitor ASAP OP!

If she is paying interest only, she isn't contributing to any equity.
She also has ber partner living there.
She is effectively renting for just 280 a month, where as I am renting at 675 a month and can't get a mortgage of my own!

Surely if she is preventing me from building a nest egg of my own, I should be entitled to half of the house I put 30k into?

I'll stop paying extra maintenance and look at paying it off mortgage or putting it aside to pay the bloody legal bill!

FBaby

I agree with Max, you made a big error there by not making it clear what the money you were paying her was for. Many nrp pay above what they have to pay according to the csa. Their calculation is only the minimum/recommendation. If you have made it clear, in written, somewhere, that the additional £90 is towards the mortgage, then it won't ever be considered as such. It doesn't help that this sum isn't half of it anyway. The fact that you pay extra again can't be offset against mortgage payments.

As it is, it doesn't matter so much. When separating with one staying in the house, you either continue to pay half, so that then equity is divided by two (unless initially agreed differently), or one takes over the full payment, and division during sale of the house is equity gained up to separation, and 100% of the rest going to the one who paid the full mortgage afterwards. However, this doesn't make so much sense any longer when only the interest has been paid, and/or there has been no growth in equity or worse, it has gone into negative equity.

monty-doggy

She's made it clear she isn't switching to repayment I've no idea how she thinks she is going to own the house at the end of the mortgage.

I'd be happy with nothing, I just want my name off!

As for the extra monetize given her, I'm not bitter about it. As long as my kids are provided for that's all that matters.

rpc

Get the divorce forms done asap. Once you pass the 5 year mark, there is nothing she can do to stop the divorce.

A judge won't make kids homeless, but on the other hand they will want to be fair to you and won't bind you to a debt you can't control. The large number of defaults won't help her case at all, neither will the new partner.

If the inheritance, or anything else, becomes a bit of an issue you can always "negotiate" by saying you will turn a blind eye to the benefit fraud and not report her if she accepts a reasonable offer.