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renting Vs Mortgage
#1
Just out of interest, does anyone rent? more specifically how did the court view that? I guess Im asking if joint residency is likely when you are renting?

I would have easily afforded a mortgage on 2 bed house for my child and me however we live in 4 bed rent with my partner and her 3 children. Meaning its going to take me some time to build up the deposit needed for a min 4 bed mortgage.

Since the ex got the house and is likely mortgage free after inheritance Im pretty certain she will use this to claim my home situation is unstable.
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#2
No it doesn't matter if you are renting or own a house as long as your house/flat meets requirements. Bedrooms etc .
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#3
(06-26-2019, 07:39 AM)Naive Wrote: Just out of interest, does anyone rent? more specifically how did the court view that? I guess Im asking if joint residency is likely when you are renting?

I would have easily afforded a mortgage on 2 bed house for my child and me however we live in 4 bed rent with my partner and her 3 children. Meaning its going to take me some time to build up the deposit needed for a min 4 bed mortgage.

Since the ex got the house and is likely mortgage free after inheritance Im pretty certain she will use this to claim my home situation is unstable.

The Housing Act of 1985 sets out what is considered to be overcrowding. Child Benefit decides entielment and requirement to have a room for children, so its not the same for contact.
a, each adult or single person
b, 2 chidren of the same sex under 16 can share
c, 2 chidlren under 10 can share regardless of sex.

Owning or renting does not come into it in terms of Child Arrangements.
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.
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#4
(06-26-2019, 02:35 PM)Tigre Wrote: Sorry to jump the thread.
Mark,

would the parent requesting residency need to have a bedroom for each child already? Or is it understandable that the parent will organise such accommodation once they get granted residency?

I want to wait to rent a larger flat until I know that my child will come to live with me. as if he doesnt, then there is no point in me having such an expensive and large flat for myself.

State in your application that following The Welfare Benefit Reform Act of 2013, it is no longer considered acceptable to have spare bedrooms what are not being used, and in the case of Children, only the parent getting Child Benefit should have them.

It would help if you can show you have the funds to secure a bigger place (rented or deposit to buy).

Should your ex's situation then be brought up, state that either she would have to have any Benefits recalcualated based on what the law says she needs and perhaps downsize, but that the application before the Court is not about her, its what is best for the children.
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.
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#5
(06-27-2019, 12:16 PM)Tigre Wrote: Thanks Mark
What do you mean by if exs situation is then brought up?
She lives in a 2 bedroom house (thanks to benefits) but she has 2 children (only the oldest is mine) so she cant downsize as the other child needs a bedroom either way

What type of proof is acceptable to show I can afford a bigger place? Id rather the ex not know what I make

If Cafcass are involved show them a bank statement, so they can see you have the funds to put down rent in advance.
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.
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#6
Put it like this - my ex has always rented - and we have a "lives with both parents" order. Not only that she lives between two rented houses! Her H lives in a different house and they both live in both houses - she even told the court that in her final statement - that her H lived in a different house. (Although she didn't say the kids were shunted between both those houses regularly).

I don't think it's anyone's business really - for all they know you could have another house rented out somewhere, or be about to inherit property etc. If it did come up at all you could simply say you plan to buy a house at some point but are happy renting for now. It is still home. Be cool and confident about it as if it's irrelevant (which it is really).

Ok so your ex might say - this is their home - they've always lived her blah di blah. So fine - it's their home when they're with her, but not when they're with you. They have two homes. I would focus on saying you have a very established home life with friends and neighbours and family nearby and your child has their own room (if they do - if not - don't mention it - nothing wrong with sharing a room with another child anyway if both are young).
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