Paying both CSA & Mortgage

glamgranny1971

My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
Do i have to continue to pay the mortgage if i am paying CSA please 

CurlySue2017

glamgranny1971 said:

My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
Do i have to continue to pay the mortgage if i am paying CSA please 

Yes of course you do

marcia_

glamgranny1971 said:

My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
Do i have to continue to pay the mortgage if i am paying CSA please 

 If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 

turnitround

Actually, no you don't. However, if you don't and your ex defaults on the payments it is going to affect your credit score and possibility of borrowing in the future.

marcia_

turnitround said:

Actually, no you don't. However, if you don't and your ex defaults on the payments it is going to affect your credit score and possibility of borrowing in the future.

 Of course they do if their name is in the mortgage they are required to pay it. 

 Child support is due regardless of other outgoings. 

tightauldgit

marcia_ said:

turnitround said:

Actually, no you don't. However, if you don't and your ex defaults on the payments it is going to affect your credit score and possibility of borrowing in the future.

 Of course they do if their name is in the mortgage they are required to pay it. 

 Child support is due regardless of other outgoings. 

No, someone is required to pay it or there will be repercussions. But there is nothing that anyone can legally do to FORCE you to pay mortgage payments unless there is a court order instructing you to do so.

My ex-wife was named on the mortgage, moved out when we separated and made ZERO contribution to the mortgage from that point on (or before for the sake of completeness but that's irrelevant) I was then left in the situation where I had either to pay the entire mortgage by myself or face the consequences of default. Even though I didn't have the means to do so. 'Luckily' COVID kicked in and I was able to get a payment holiday.

Of course there's no link between whether you pay the mortgage and whether or not you are paying CS however it's not quite clear from the OP but if they are all living together and sharing a house then I don't think CS would be due, would it?  

Dashworth87

You can apply for a special circumstances. if you can show you are paying half the mortage, it will reduce your CSA payments. Not by much though

Exodi

I can't help but think some of the advice in this thread is a bit biased...

The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.

marcia_ said:

glamgranny1971 said:

My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
Do i have to continue to pay the mortgage if i am paying CSA please 

 If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 

I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).

marcia_

Exodi said:

I can't help but think some of the advice in this thread is a bit biased...

The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.

marcia_ said:

glamgranny1971 said:

My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
Do i have to continue to pay the mortgage if i am paying CSA please 

 If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 

I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).

 Misleading how. I said exactly the same as you 

Exodi

marcia_ said:

Exodi said:

I can't help but think some of the advice in this thread is a bit biased...

The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.

marcia_ said:

glamgranny1971 said:

My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
Do i have to continue to pay the mortgage if i am paying CSA please 

 If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 

I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).

 Misleading how. I said exactly the same as you 

Mhmm.

I'll be honest, you and CurlySue2017 were being quite obviously biased... I don't want to put a specific label on it, but I think it's relatively obvious this is a disingenuous exchange between us, and probably not a good use of our time to continue. I've no doubt others would be able to see why yours and Sue's comments are misleading, even if you apparently can't.

Unfortunately the OP has not been active since the 29th, but I hope they saw tightauldgit's comment and didn't leave this thread with the wrong impression that they were legally obliged to pay both CMS and the mortgage payments, without a specific court order (and you'd assume someone with such an order wouldn't need to ask such a question).

marcia_

Exodi said:

marcia_ said:

Exodi said:

I can't help but think some of the advice in this thread is a bit biased...

The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.

marcia_ said:

glamgranny1971 said:

My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
Do i have to continue to pay the mortgage if i am paying CSA please 

 If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 

I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).

 Misleading how. I said exactly the same as you 

Mhmm.

I'll be honest, you and CurlySue2017 were being quite obviously biased... I don't want to put a specific label on it, but I think it's relatively obvious this is a disingenuous exchange between us, and probably not a good use of our time to continue. I've no doubt others would be able to plainly see why yours and Sue's comments are misleading, even if you apparently can't.

Unfortunately the OP has not been active since the 29th, but I hope they saw tightauldgit's comment and didn't leave this thread with the wrong impression that they were legally obliged to pay both CMS and the mortgage payments, without a specific court order (and you'd assume someone with such an order wouldn't need to ask such a question).

 It appears only you are talking about Court orders