partners obligations to pregnant ex

kayd_3

I am in early days with a new partner. He has an ex girlfriend who he bought a house with. When they split he remained in the house. His ex could not afford to live there herself even though her salary is higher. She originally rented somewhere now she has moved in with her sister. Her name remainsl on the mortgage, etc.

She fell pregnant after they split and the baby is due in November this year. There is a small doubt as to whether he is the father but it is almost certain he is.

What additional responsibilities might there be if the house is not sold or if both names remain on the mortgage and ownership when the child is born?

He is prepared to support the child financially and whilst I am fully supportive and will encourage the financial and parental obligations to the child I don't want to be lumbered with any additional responsibility associated with the house. She cannnot afford to buy him out but he is prepared to sign it over to her and walk away from it. But if she couldnt afford to live there herself before, I dont think she could afford it with a child.

If she moved in would he be financially responsible for the mortgage repayments? Can he sign the house over to her and walk away if she is not willing to sell?

I am not the reason why they split and I came along after she fell pregnant. I have asked if he is sure their differences cant be resolved for the sake of the child and he is adamant the pregnancy cannot solve the problems between them and wants to make a go of things with me.

I have asked him to get legal advice but i would like to get an idea myself if im worrying too much over this.

Moral issues aside, does anyone have any thoughts?

Kimitatsu

He has no legal obligation to the mother but he does to the child.

I would check out the CSA website and see what he would be liable to pay before making any rash decisions - even if he signs over the house the CSA do not always take that into account.

Can they not just sell the house and split the proceeds? In order to do anything with it they both have to sign the documents whatever. If she moved back in and his name is still on the mortgage he is still legally liable for those payments unless you get a court order indemnifying him from the mortgage (basically means she agrees to pay the mortgage in full every month and not leave him with a huge debt). If she moves in and the baby is born (assuming it is his) then she may have the right to remain in the house until the child was 17, dependant on the courts.

Legal advice is the best recourse - if he wants to stick his head in the sand then he can give you permission as a third party to gain legal advice on his behalf from someone such as the CAB.

No moral judgements from this corner - just take of yourself!

HTH

outrageous_monkey

kayd wrote: »

If she moved in would he be financially responsible for the mortgage repayments? Can he sign the house over to her and walk away if she is not willing to sell?

Only speaking from personal experience here, yes he would be responsible, but he wouldnt have to pay. If any arrears amount, then he would be responsible, as in, it would be half his debt.

As in signing over to her, I think she might have to prove to the mortgage provider that she can afford the full mortgage payments.

I had a similar problem a few years back now, so the laws could have changed.

But if I was to go thru it again, I would sell the house and split the money.

katiekittykat

I'd say not to anything until he is certain that the child she is carrying is his.

I'm sorry that probably doesn't help very much - but def worth thinking about. No use you (both) worrying about it - if the child isn't even his.

Smashing

Selling the house and splitting the proceeds seems to be the easiest solution here - I wouldn't go signing anything over until you know for certain that he is the father.

eamon

It's not just a simple process of "signing" over. It is a legal procedure and very much the same as buying the house in the first place. This will cost money. Leaving aside the possible child care scenario I would suggest that it is important to get the property ownership sorted out as an immediate priority. Your partner needs to be aware that not only does his ex appear on the mortgage but also on the Land Registry as having legal title to the property. Be prepared for lots of hassle.

yours

Eamon

TheWaltons_3

Just sell it.. get rid.. he's got no ties with her then... aside from the child, if it is his

jbbonce

I think everything involved is very lucky that you are the new partner. I really think it is very mature and selfless of you to offer to step aside, and i hope your partner appreciates how lucky he is.

katiekittykat

Well said jbbonce

newcook

I wouldn't sign it over to her - can he afford to buy her out?? that way she will have enough for a deposit of a place of her own or enough to rent for a while.

kayd_3

hello again.

Thanks for the responses. I'd be interested in finding out about a court order indemnifying him from the mortgage and am encouraging him to get legal advice to help him decide how best to handle this.

He has to tread carefully right now i think. his ex is understandably very emotional, she thought the pregnancy would fix their problems and get them back together. she's behaving quite aggressively now and he's becoming increasingly anxious to get away. I just dont want him to be rash and antagonise the situation. I dont want any bitter fights for access. (Assuming the child is his. i hear you, the subject of paternity tests will be brought up at some point too)

About selling the house, she would have to agree to the sale anyway and in her current state of mind I cant see her cooperating.

He can't afford to buy her out but he wants to just get away...that said im wondering if it would be worth him getting a loan to do just that. It would give him more time to sell.

The saving grace is that there isn't that much equity in the house. So for the sake of sanity and moving on it might be worth signing it over (even with the expense - ta eamon). I think its wise to assume the child IS his and he should make sure he does everything possible to ensure the child is born with a home to live in.

Hmmm so many things to consider. Legal advice it is!

Well, there are people in worse situations and I could always back out if I felt it wasnt worth it. Thanks again for the advice and support.

K