Help/advice on child maintenance and mortgage

Friendlypancake

Hi all, new here so hello!

Have been browsing forum trying to find an answer to a problem. 

Separated but we aren't/weren't married. 2 children who live primarily with their mother (I have them one sometimes two nights a week). They live in the family home which is in my name. 

The problem I have is I can't pay the child maintenance my ex has asked for (using the calculator), pay the mortgage and rent even a one bed myself. Currently sofa surfing with family. 

I understand child maintenance can use special variations, but apparently not if I have an equitable interest in the property? She is also claiming beneficial interest despite never contributing. I don't mind signing off a portion of the equity, but am I still unable to reduce payments via maintenance? 

Sorry it's a wall of text, it's looking like my future at age 40 is a house share!

elsien

Sounds like you need to sell the house rather than keep a property you’re not living in and can’t afford. 

Friendlypancake

Thanks. Unfortunately I'm having trouble selling the house as the children reside there (partner wont move). Unsure how to proceed. Solicitors advised court would cost the equity in legal fees. Just wondering if anyone has any relatable experience?

elsien

Move back in. 
 And yes I know it's not that easy but it can prod a reluctant partner into thinking properly about the options. Does she know going to court will  lose her any equity she might otherwise have?  

tacpot12

The point to make to your ex is that the CMS calculator assumed that the receiving parent provides the housing where they live, i.e. they have housing costs (a mortgage or rent).   

If you pay all the mortgage, your ex isn't going to have any housing costs. 

You have the power to stop paying the mortgage forcing the mortgage provider to reposses the home. This is your ace, and you should use this to get her to go to mediation to agree a reasonable arrangement whereby you pay some of the mortgage and a level of child maintenance that reflects what the mortgage is costing you. If she insists on receiving the CMS calculated level of child maintenance, stop paying the mortgage and start paying the CMS calculated level of child maintenance. 

She will be homeless, but because she has children the local council will provide her with temporary accommodation. You should offer to help her find somewhere else to move to. This might need to be a rental property until the home can be sold, or until you can raise a loan to pay her for the beneficial interest. 

Have you agreed what her beneficial interest is? You need to agree a basis to deterimine this. It is a very complicated area with lots of possibilities. You will need to think about what you have paid in mortgage payments, when she moved in, when you had children, why she didn't contribute, whether she contributed in other ways such as help with or paying to maintain the property, and what deposit you put down.

I am inclined to think that you could spend at least one mediation session on this topic alone, and it might help the other discussions if you are both clear on what percentage of any sale proceeds she would receive if the property was sold now, and how that percentage would change over time. Ultimately, you want a formula that her solicitor can record as being the agreed basis to split the proceeds whenever the property is sold, which might have to be when your youngest child turns 18.