Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
House
#1
I own 100 percent of the house. However through marriage she has a claim. If in a consent order i agree to pay for the house. What is to stop me once the divorce comes through just stopping paying and getting it repossessed. Please dont judge too harshly. I am worried as to what this would do to my son. However currently i am paying all the mortgage, she wants 450 through the cms which is just unnafordable to me. I need to provide for my boy but surely i dont need to house the ex for the next 20 years. Advice appreciated.
Reply
#2
(02-03-2017, 02:05 PM)Mike29145 Wrote: I own 100 percent of the house. However through marriage she has a claim. If in a consent order i agree to pay for the house. What is to stop me once the divorce comes through just stopping paying and getting it repossessed. Please dont judge too harshly. I am worried as to what this would do to my son. However currently i am paying all the mortgage, she wants 450 through the cms which is just unnafordable to me. I need to provide for my boy but surely i dont need to house the ex for the next 20 years. Advice appreciated.
You do not need to provide housing. This is down to the Resident Parent (whoever gets Child Benefit) to provide. However, if she has a financial interest in the house then by remaining in it, she is also providing it.

What is confusing me on this is your comment about owning 100%, and that your paying the mortgage. In law any payments made during the relationship will be considered as "Family Money".

A key part of this is working out her claim on it. Try to follow this example

House Price 100,000 with a 10% deposit, means you own 5% each, unless this was money you can evidence existed before the relationship, or was done before she moved in. This means 90% is still to be paid at this point.

If you separated 10 years into a 20 year agreement, then 45% has now also been paid, what would be 22.5% each.
If she moved in after payments had started, you need to work out what amount of the mortgage term passed, as a percentage of the remaining 90 to be paid, and that would be considered as your payments.
So up to relationship ending payments using family money would be 50/50.

Ongoing it would depend on how is paying what.

To find out today's position, you need to estimate today's value of the house (after sale fees), and find out how much the early settlement amount is on the mortgage (including any fees). Work out the expected profit in today's situation, and her percentage of the house.

No court will force a sale while she is living in the house, with a Child she gets Child Benefit for.

Your Options are
a, Buy her out, if you can raise some of the funds better. Any shortfall could be sorted by her getting a charge on the house. If you can raise enough for her to be able to rent a house and gets furniture in place for at least a year, it might be enough for a court to go with if its in dispute.

b, Rent/Buy another place for yourself. In doing this, you can then claim a reduction on Child Support, as your paying a mortgage for a house you do not live in, but the child does. The downside of this is that the shorted Child Support amount would be considered as being paid on the mortgage by her, as she was due the cash, so in the long term it increases her percentage.

I would put this option on a consent order, saying she is only entitled to live in the house while the Child Benefit is in payment, and then it will be sold or you will buy her out.

In both a and b, if staying contact then takes place it will reduce your child support amount. The very least a court would award subject to your availability would be along the lines of Friday till Sunday every 2 weeks, and up to half school holidays. Midweek visits/stay overs can also be part of an order in some cases. Indirect contact can be part of an order also, for example telephone or Social Media.

If you was to remain in the house then if the mortgage is in your name, you would have to pay it, but it would mean your ex gets no more percentage.

In that situation, as your ex is getting the Child Benefit and therefore able to claim tax credits etc, as well as getting your Child Support payment, she needs to pay all normal day to day costs for herself and the child. You should only pay for your things. The normal where there is 2 adults and 1 child is
Utility's, about 35-40%
Council Tax, you have to pay 75% as its in your name, but this 25% is down to her, as if she was not present, you could get a 25% single occupancy discount.
Things like Land line Phone/Broadband and TV services would depend on usage. If your paying for extra TV channels for the child, that's her bill.

Should your ex not follow this, then you might be able to get a None Molestation Order for Financial Abuse, as in effect she would be making you pay twice for things, what might be enough to get her removed from the house.

Under the law, you have to pay Child Support till Child Benefit ends, what might be at 16 or 19 http://www.gov.uk/child-benefit-16-19.
This is a fully inclusive amount and under the law you can not be forced to pay any more, unless things like Private Schooling are involved where the case would be before a Court, as CMS have no jurisdiction then.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#3
There isnt much capital in the house at all maybe 20k. The problem i have is she wont agree to anything other that her staying in the house with her making a claim of capital when sold. She is not reasonable at all. So the option of selling isnt an option. And the option of me buying her out isnt an option. Becasue im the only one on the mortgage i have to pay the full mortgage. But she is also making a cms claim of around 400 a month so i have to pay around 900 pounds a month which i just camt afford. Shes stalling on the divorce so currently im paying a lot of money put and feel in limbo. She doesnt care what it does to me. My only option is to just stop paying the mortgage and let it get repossessed. She wont even agree to pay half the mortgage. Its a nightmare. Plus she is cohabiting right now!!!! Yet still thinks i should pay the full amount of the house and cms. Cms wont take into account the mortgage payment becasie i have a capital interest in it. Thank you for your advice but its advice based on the person being reasonable. She doesnt care one bit.
Reply
#4
(02-04-2017, 09:18 AM)Mike29145 Wrote: There isnt much capital in the house at all maybe 20k. The problem i have is she wont agree to anything other that her staying in the house with her making a claim of capital when sold. She is not reasonable at all. So the option of selling isnt an option. And the option of me buying her out isnt an option. Becasue im the only one on the mortgage i have to pay the full mortgage. But she is also making a cms claim of around 400 a month so i have to pay around 900 pounds a month which i just camt afford. Shes stalling on the divorce so currently im paying a lot of money put and feel in limbo. She doesnt care what it does to me. My only option is to just stop paying the mortgage and let it get repossessed. She wont even agree to pay half the mortgage. Its a nightmare. Plus she is cohabiting right now!!!! Yet still thinks i should pay the full amount of the house and cms. Cms wont take into account the mortgage payment becasie i have a capital interest in it. Thank you for your advice but its advice based on the person being reasonable. She doesnt care one bit.



If she is not financially supporting the child, and you can evidence that she is wanting you to pay all bills and then child support, I would go down the legal route.

Apply for a None Molestation Order based on Financial Abuse, and a Child Arrangements Order, contesting residence.
Your Position is that she is neglecting the child by not contributing in any way towards the child's needs, while being entitled to claim child benefit and therefore tax credits. Therefore she is using the children as a source of income, and living cost free in your house.

If you was the resident parent, you claim child benefit, tax credits and child support, and go through the formal eviction process to remove her from the house (if its not ordered as part of the None Molestation Order).
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#5
The problem with letting the property get repossessed through non payment will mess up your credit score and thus affect your chances of buying another property and perhaps even renting. If the house was repossessed and the Bank sells it for less that the mortgage amount there will be debt which will have to be paid by you.

It may be worth your while to speak to the bank and ask for the mortgage to be put on interest only until the situation is sorted one way or another.
Reply




Users browsing this thread: 1 Guest(s)