CMS and mortgage payments

Peaky83

Hi, I have just recently been contacted by CMS to set up a direct pay with my ex. I was previously over paying her via an informal agreement we had now she wants me to pay via CMS. the problem I have is she has said she will not pay the joint mortgage we have, therefore I am left paying CMS, a mortgage and my living costs. I just cant afford this.

can you advise what help is available. I have a solicitor and we are going down the route of a force of sale. my ex doesn't work and hasn't since we separated, and I have applied for a variation with CMS for the mortgage payments but I am not sure how much if any would be deducted.

can anyone help???

Thrugelmir

If your ex isn't working how do you expect her to pay the mortgage? Can the mortgage be switched onto an interest only basis in the short term? 

[Deleted User]

Firstly is your ex claiming universal credit ? If she is and you are paying the mortgage to maintain her living in that house, the amount you pay could be classes as spousal maintenance and it should be deducted £ for £ off her benefit. Direct your solicitor to sec 66 Universal Credit regulations 2012 

you are jointly and severally liable to pay the mortgage. If you stop paying you’ll take a hit on the credit if she doesnt pay. But if you cannot afford the whole lot you cannot afford it. She will have to pay out of universal credit, cms and child benefit. If she doesnt then the house is repossessed

Regarding the mortgage. My understanding is CMS will NOT take into account your payments as credit to CMS if you still have a legal or beneficial interest. 

Id be investigating a shared ownership property for her that is suitable to house her and the children, as if on universal credit, they will pay the rental element, so she only needs to raise enough for a 25% share so its a highly affordable option 

Peaky83

She will get c. £1500 a month from me and her universal credits which I think are estimated at about £500. my mortgage is £1200 however there is nothing stopping her from working.I am unable to put this on an interest only as that is a product switch and we cant do this. also the ex has to agree to this and she wont as she would rather lose the house as she knows she wont buy another. Her mentatlity is that of if she cant have a house then I shouldn't either.