Child maintenance and Mortgage payments. Not Married

daz79

I have an issue with my Ex.

We spilt up last year and have two Children together 10 and 5.

I bought a house in 2017, all in my name. All the money that has gone into the house, mortgage payments and deposit, have been payed by me. She has never worked during that time.

Since we split up, I left the home but I’m am still paying the mortgage £620 and giving her Child maintenance payments £500. She is on universal credit and is paying the utility bills. As you can imagine financially I am really struggling, as I have the kids every weekend and most holidays. I had them nearly the full month of December and she refused to lower my payment to her. I am having to stay at friends houses as i cannot afford to rent anywhere. But I have to contribute financially.

She had dictated to me that she is entitled to stay in the house until my youngest is 18. She has also told me she is entitled to half the house if I sell it. Apparently she has been advised from the Staff during her Universal credit interviews. Who have basically told her to milk me.

my questions are:

• Do I need to pay CM if I am paying the mortgage?
• is she entitled to anything from my house if she has never contributed and we are not married?
•Does she need to stay there until the kids are 18?

DE_612183

Are you married?

swingaloo

DE_612183 said:

Are you married?

Both the thread title and the post say 'Not married'.

DE_612183

swingaloo said:

DE_612183 said:

Are you married?

Both the thread title and the post say 'Not married'.

Ah, sorry!

tacpot12

Is your ex named on the title deeds of your home? 

If she isn't, then to be able to stay in the home she needs to prove that she has a 'beneficial interest'. This usually means that she has contributed to the home financially.

They would need to show a court how they have contributed towards paying for the home. If they can do this, then not only might they be allowed to stay in the home, but they might also acquire the right to some of the equity in the home. 

Mediation can help you to reach an agreement about the interest that your ex has in the home. If you want her to agree she has no interest, you might need to make this worth her while. 

This link might help:Occupation rights if one partner is the sole owner - Shelter England

One point to consider is that if she has a beneficial interest then it is an interest forever, and not just until the youngest is 18 years old.

Did she ever help to pay for any repairs to the property? If not, I think she will find it very difficult to establish that she has a beneficial interest in it. You should google all the ways in the someone might evidence or acquire a beneficial interest and check rigerously to ensure that she has done nothing that might give her any such interest. Paying the utility bills (and/or conuncil tax) may help her so look into this. It should not do so, since these are running expenses rather than capital costs.

Keep a diary of the time you have the children. 

It seems that you are required to pay the mortgage (since you are getting the financial benefit of doing so and she is not), and you are required to pay child maintenance. 

 

sammyjammy

If she can't prove she contributed financially to the house then she would normally be  an excluded occupier with no rights, I don't know if the children complicate matters.  Does the £500 you pay her meet the expectations of the Child Support agency?