House/separation advice.

pitbullpeebs

My wife & I have been separated for a year now, she left the house & is now renting a house with her partner. We have four children but only the youngest lives with her, the other three with me. She has paid nothing towards the mortgage since she has left & left me with debt & all the bills. The house is currently up for sale but she seems to be calling the shots in regards to price etc..I'm wondering what rights she has considering she pays nothing towards it, also could she stop me moving a new parter in? Could I stop her claiming any equity from the date she left? Thanks for any advice.

fivetide

You can move in who you like.


Have you spoken to CSA? Seems she should be paying you maintenance depending on her earnings and the age of the kids. Do you get child benefit for example?

TBagpuss

have you spoken to a solicitor? If not, do that now.

Broadly speaking, the house will be sold if (i) you and she both agree - (which includes reaching agreement on price etc) or (ii) a court makes an order for it to be sold.

It is not unreasonable for you to be paying the mortgage while you are occupying the house - after all, you would be paying rent if you were living somewhere else. if you reduce the capital outstanding then it may be reasonable for you to be credited with that element of whjat you pay, as part of the final settlement.

debts - if they are joint debts, or for joint benefit (e.g. arrears of mortgage / bills., credit cards used for family holidays, household expenses etc) then again, these will have to be taken into account and it is likely to be fair for them to be paid off from the proceeds of sale before any net equity is split.

Have you agreed on how the money should be sp;lit? The starting ppoint is an equal split, but it may be fair for the split to be unequal to take into account things such as the children's needs, differences in your respective housing needs, differences in your incomes and earning capacity etc.

Are your children still in school? if so, is your wife paying maintenance for them, and if not, why not? (if they are adults, are they contributing at all?)

Look for a solicitor who is a member of http://www.resolution.org.uk/findamember/ and get some proper advice before you go any further. Many will offer an initial free meeting so you can see whether you feel comfortable with the individual.

RAS

How old are the three children living with you?

My first thought would be that if they are younger, the house sale might be inappropriate.

Please go see a lawyer urgently.

pitbullpeebs

Thanks for the replies, the children that live with me are 16,17,19 the two eldest being at uni & college. We have a 10 year old that lives with her. I currently get tax credits for the ones that live with me but she claims the family allowance & she doesn't help me in any way.

Mojisola

You should be getting the child benefit for the two eligible children who live with you.

RAS

Definately put in a claim for Child Benefit (family allowance) for the children who live with you. Ring up and put in a claim today.

And then check www.turn2us.org.uk in case there is any additional help you can get.

Regarding the house, I think you might be best keeping the house at this stage and selling once the 16 year old leaves college.

You will obviously owe her CMS for one child and she owes you for 2 children. I assume that she will chase you once the older ones leave home??? So at the very very least get the CB sorted out now.