Really need some advice please...

Rhiashy

trevorsminted wrote: »

I never realised until I came on this website what someone having "baggage" actually meant.

Someone going through a similar situation once said to me that it all ticks away nicely until either one gets a new partner on the scene then it all goes T..s up they poke their nose in and want change but anyway I'm sure your now partner must be feeling a bit cheated with someone else slipped into his old routine!

I don't think he feels cheated but more like he's paying for him to live there...:(

double_mummy

okay tell him to stop paying the mortgage and start paying child support 15% of his wages if he has no children living him plus deductions if the daughter stays with him over 52 nights a year

he cant stop someone else being there but he can move back if he feels like making it difficult for her and she cant refuse without going to court get this sorted first thing on monday morning

Guest101

Rhiashy wrote: »

Hello thank you for all your feed back...

If I've wrote wife and ex wife a couple of times it's because I just type really fast and was just trying to get everything and might have typed the wrong thing! Ha

I don't mean my partner has an issue with her meeting someone new and that he thinks he can decide who lives there. I was just wondering if my partner had any say on who does live there due to him still paying the mortgage?!

In relation to CSS he doesn't pay for the daughter who is 8, die to the fact that he can't afford to. He pays for her in relation to everything she needs for example when she is with us and needs something like clothes he will then. Or if his ex needs to get her something he will always go halves on things. Or I will help with things and payments for things she needs like after school clubs etc.

And we know the partner doesn't contribute to the house due to her telling us. She pays for the house with help from my partner and her new partner keeps up their lifestyle.

All I wondered is what rights he has in relation to still paying half the mortgage.

It's just been to long and I can see its starting to effect us financially... And it's like a strain on our relationship

You've not answered the most important question, what did judgment of divorce say?

and youve raised another - he cant afford to. Toough, he made a child, he pays for her, 15% minimum of his wage. Sort it out, or your with a deadbeat dad.

RAS

What does the divorce settlement say?

In the absence of anything else, in the short-term he pays 15% of his salary to his ex-wife and the ex-wife takes full responsibility for the mortgage payments.

If her household income is too low, then she or her new partner can make a joint claim for help towards the mortgage interest payments.

What you have not yet explained is what the value of the house is and what the value of the mortgage is, and whether it is interest only or repayment.

Firefly

Rhiashy wrote: »

Since he separated he has been paying half of the mortgage like he is legal obliged to do.

.

Says who? ...........

Kayalana99

Its like,

He owns 50% (assumingly) and she owns 50% say the mortage is £500 (random figure)

She lives their so has to pay 50% rent to your partner, so if to 'rent' the house out whole to someone else they would get £600, she has to pay £300 to your partner, and since the mortage is then £250 he would pay that...so potentially his ex wife should be paying HIM £50 on top of the mortage.

Most couples just agree in this situation when the ex wife stays in the house (I belive if it went to court she would be granted permission to stay in the house untill the child is 18) that she would pay the mortage till this time.

If you want to go and make it more comlicated, about the fact that she is now paying the mortage and he still owns 50% sometimes its agreed that his part of the house is 'frozen' so if the house is worth 100k with a 50k mortage he would only recieve 25k at point of sale even if house sold for more then 100k. (100k -50k mortage / 2 people)

The rent thing is logical, but if he wants a good relationship with his Ex I would just get him not to pay his half tbh and pay child support which I am assuming is less?

Again another problem - which I don't have the answar to - is what happens if she can't pay it on her own and his name is still on morgage = credit file wrecked. I can only assume this is something brought up when a couple divorce because end day he can't force her to sell till child is 18 but his name is on the mortage?! Not sure how that would work personally I would hate that risk on my credit file because of an Ex partner..

Rhiashy

Hello, looking through the divorce he hasn't gone for a financial settlement and there is nothing in place.

FBaby

He needs to decide if he wants out if the investment attached to the ownership of the house or not. If he does then he needs to negotiate with her about her/new partner buying him out or if that leads nowhere, take her to court to enforce the sale of the house. judges are normally reluctant to impose a sale when children are loving there but if her new partner works and could support them whilst your partner can show he is limited due to his financial attachment to the house he might have a case. Out might be costly going down that route and if course he will have to consider that she would then be likely to go to csa for maintenance. He therefore needs to assess if it is worth it in the first place.

RAS

Rhiashy wrote: »

Hello, looking through the divorce he hasn't gone for a financial settlement and there is nothing in place.

Well they are both extremely unwise to allow this to happen. If either win the lottery tomorrow the other can come after them for half of it.

He needs to go and see a solicitor who is good at settlements urgently.

Rhiashy

He doesn't want anything to do with the house. It's in negative equity and even if it was in the positive he doesn't want the money made from the sale. The house is up for sale and has been for 6 months... No joy...

He partner does work but contributes nothing to the house as he pays to keep their life style up.

Mean while my partner is paying not only for the mortgage but I've found out paying for the up keep and bills etc....

I'm so stuck...