What am i liable to pay for?

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Hi all.
Me and my wife separated last Christmas and have 2 young children.

We rent privately, i moved out of the home and back to my parents house over the new year (not ideal but needs must) and have been paying half of our rent still as i wanted to continuity for the children. Having being nearly 11 months now she has breached the subject of child maintenance, of which according to calculations i am liable to pay £125pw. The rental agreement is in both of our names and is a joint agreement. So here goes : after agreeing to give my wife the £125pw am i still expected or required to pay the rent also? Or does the maintenance cover my children's living arrangements too? Up until now things have been amicable but if i have to pay maintenance (which I'm happy to) and rent for place I don't live in it will cost me north of £1,000 a month. I was under the impression my one maintenance payment would cover it all but i can't find clarification of this particular scenario anywhere online. Any help would be greatly appreciated.

James.

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  • DUTR
    DUTR Posts: 12,958 Forumite
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    James1978O wrote: »
    Hi all.
    Me and my wife separated last Christmas and have 2 young children.

    We rent privately, i moved out of the home and back to my parents house over the new year (not ideal but needs must) and have been paying half of our rent still as i wanted to continuity for the children. Having being nearly 11 months now she has breached the subject of child maintenance, of which according to calculations i am liable to pay £125pw. The rental agreement is in both of our names and is a joint agreement. So here goes : after agreeing to give my wife the £125pw am i still expected or required to pay the rent also? Or does the maintenance cover my children's living arrangements too? Up until now things have been amicable but if i have to pay maintenance (which I'm happy to) and rent for place I don't live in it will cost me north of £1,000 a month. I was under the impression my one maintenance payment would cover it all but i can't find clarification of this particular scenario anywhere online. Any help would be greatly appreciated.

    James.

    Two separate issues to be dealt with separately
    1) CM contributions
    2) Whether you want to pay for rent on a dwelling you yourself are not using.
  • HoneyNutLoop
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    Get yourself over to the housing board, to get advice about how to end your joint tenancy agreement. Because right now, you are liable for both. You owe your ex maintenance and your landlord the rent.

    You signed a contract with your landlord when you signed your tenancy agreement. So, if the rent is not paid you can be taken to court over the non-payment, whether or not you are still living there.

    So, you need to sever the joint tenancy.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Either tenant (to avoid complications i'll call you that) can end a joint tenancy, subject to the tenancy agreement.


    Please be aware that if you fail to vacate (all of you) or your ex does not arrange her own new tenancy - you will then be liable for double rent.


    Technically the OP does not owe the LL rent. (this is the technical bit I mentioned earlier) 'the tenant' (two people) owe the rent. How that is split is down to them. The LL can take either or both to court.
  • Shortypie1
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    It would make more sense for you to just pay CM and your ex to claim housing benefit I think. I guess she would have to have a sole tenancy, but I have heard of some landlords serving section 21 as soon as they know it's a single parent in there, especially getting housing benefit.
  • Jacqui_W
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    Sincere apologies but this is not a reply to your question James but it was the closest question/answer I could find to my daughters situation. I am looking for two answers to questions I have if anyone out there can help. I can’t find where on here to post my own questions? So as I said, apologies James for tagging onto yours x My daughter and her husband have a one year old baby.
    1/ her husband has walked out of the joint tenancy house to live back at home with his mother, he has not contributed to any household bills or paid any rent since. He gives her £40 per week occasionally for baby’s needs.
    2/ They both work full time, he has baby two nights one week and three nights the next week. The baby is in full time nursery costing £900 per month. He doesn’t pay anything towards this fee. Is he legally obliged to pay towards their baby’s nursery fees?
    My daughter has tried for universal credit and been calculated as zero entitlement, due to her earnings but as she is paying £750 rent per month and £900. Nursery fees per month plus all other living exoenses incurred for herself and the baby with only the occasional £40 given to her from her husband she is now drowning in fanancial difficulty. We have helped out last month but can’t do this every month. I am trying to get a solicitor to advise but so worried I can’t sleep until we can get an appointment for an answer. Does anyone know the answer to the two issues I have mentioned please?

    Also James, you are to be commended for standing up to your responsibilities but also you need to take care of you too, so I hope it all works out for you and your children.
  • DUTR
    DUTR Posts: 12,958 Forumite
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    Jacqui_W wrote: »
    Sincere apologies but this is not a reply to your question James but it was the closest question/answer I could find to my daughters situation. I am looking for two answers to questions I have if anyone out there can help. I can’t find where on here to post my own questions? So as I said, apologies James for tagging onto yours x My daughter and her husband have a one year old baby.
    1/ her husband has walked out of the joint tenancy house to live back at home with his mother, he has not contributed to any household bills or paid any rent since. He gives her £40 per week occasionally for baby’s needs.
    2/ They both work full time, he has baby two nights one week and three nights the next week. The baby is in full time nursery costing £900 per month. He doesn’t pay anything towards this fee. Is he legally obliged to pay towards their baby’s nursery fees?
    My daughter has tried for universal credit and been calculated as zero entitlement, due to her earnings but as she is paying £750 rent per month and £900. Nursery fees per month plus all other living exoenses incurred for herself and the baby with only the occasional £40 given to her from her husband she is now drowning in fanancial difficulty. We have helped out last month but can’t do this every month. I am trying to get a solicitor to advise but so worried I can’t sleep until we can get an appointment for an answer. Does anyone know the answer to the two issues I have mentioned please?

    Also James, you are to be commended for standing up to your responsibilities but also you need to take care of you too, so I hope it all works out for you and your children.

    You can click on new thread in the board.
    He doesn't need to be paying bills on a property he doesn't live (although he is probably part responsible for the rent whilst the tenancy agreement exists)
    The effect is he has left what was the cause though?
    She could raise a CMS case , if successful then his liability is a percentage of his salary (about 9% gross) .
    All other expenses are her own to manage (having children is not a punishment and the parents are still individual people) .
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Shortypie1 wrote: »
    It would make more sense for you to just pay CM and your ex to claim housing benefit I think. I guess she would have to have a sole tenancy, but I have heard of some landlords serving section 21 as soon as they know it's a single parent in there, especially getting housing benefit.



    Whilst that's possible, a s.21 does not end a tenancy. And ultimately the tenant would get housing from the council, whilst a landlord would have a property empty for at least weeks, if not months.


    Nose, face, meeting scheduled with the knife..
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    edited 3 January 2019 at 5:54PM
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    Jacqui_W wrote: »
    Sincere apologies but this is not a reply to your question James but it was the closest question/answer I could find to my daughters situation. I am looking for two answers to questions I have if anyone out there can help. I can’t find where on here to post my own questions? So as I said, apologies James for tagging onto yours x My daughter and her husband have a one year old baby.
    1/ her husband has walked out of the joint tenancy house to live back at home with his mother, he has not contributed to any household bills or paid any rent since. He gives her £40 per week occasionally for baby’s needs.
    2/ They both work full time, he has baby two nights one week and three nights the next week. The baby is in full time nursery costing £900 per month. He doesn’t pay anything towards this fee. Is he legally obliged to pay towards their baby’s nursery fees?
    My daughter has tried for universal credit and been calculated as zero entitlement, due to her earnings but as she is paying £750 rent per month and £900. Nursery fees per month plus all other living exoenses incurred for herself and the baby with only the occasional £40 given to her from her husband she is now drowning in fanancial difficulty. We have helped out last month but can’t do this every month. I am trying to get a solicitor to advise but so worried I can’t sleep until we can get an appointment for an answer. Does anyone know the answer to the two issues I have mentioned please?

    Also James, you are to be commended for standing up to your responsibilities but also you need to take care of you too, so I hope it all works out for you and your children.



    What you describe is normal.


    You son in law earned what I expect is around £400 a week? The gross amount is 12% <corrected - TY HNL>, but this is after pension, but before tax.


    He is afforded a discount of between 2/7 and 3/7 for the time he has his child.


    A solicitor is a waste of money. You daughter isn't entitled to UC, nor to help with nursery.


    She can ofcourse decide that the husband can be primary care provider, she can pay maintenance and he can arrange child care.
  • HoneyNutLoop
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    DUTR wrote: »
    You can click on new thread in the board.
    He doesn't need to be paying bills on a property he doesn't live (although he is probably part responsible for the rent whilst the tenancy agreement exists)
    The effect is he has left what was the cause though?
    She could raise a CMS case , if successful then his liability is a percentage of his salary (about 9% gross) .
    All other expenses are her own to manage (having children is not a punishment and the parents are still individual people) .

    12% gross of income up to £800 a week, 9% of gross on income above £800 a week.

    She should also look into tax free childcare if not already registered and claiming.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
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