Ex partner and house/maintenance

[OhWesternWind]

Hi - I would love some advice if anyone can help me.

Ex walked out on me and our two children around a month ago with no real explanation. Since then he hasn't given me any money towards the children or the mortgage, which is in both our names.

My first question is, as we have a joint mortgage, is there a way I can make him continue to make payments towards this until either I can buy him out or the house is sold? He is saying he is taking legal advice on whether he has to do this and so far has paid nothing whereas I have now forked out £2,000.

I don't want to keep on paying mortgage payments which will eventually go half to him if we end up selling the house. Is there a way round it? I have not talked to the mortgage people yet as I want to know where I stand a bit first. Is there some sort of arrangement that can be put in place to say from such a date all payments were made by OWW so this needs to be discounted from any settlement/sale?

My second question is about me buying him out. Financially I will be able to afford this. However, ex is really disappointed at the valuations as he has a very inflated idea in his head of what the property is worth. I have had three valuations which have all been around the same mark. I am happy with him appointing his own estate agent to value the property but he is not interested. He just keeps saying he needs to come out with enough money for x, y and z which is simply not going to be the case. We are at an impasse. Is there a way I can either get him to sell to me (which is what I want) or put it on the market? If we put it on the market, is there some way I could buy it? This is mad I know but he just seems to be bothered about getting money for himself and not about providing stability for the children or anything.

The third question is to do with him paying maintenance. I had hoped to come to an agreement between ourselves on this one but he doesn't seem to be interested. What would be a fair period of time to give him before this goes to the CSA?

I am so fed up with this man. He is living at his mum's with no rent, bills, food costs etc and still he won't help out with the care of his two children. Very soon this is going to have an impact on the children as genuinely I am not going to be able to afford to pay for their hobbies, new clothes etc, yet he just doesn't seem bothered.

I have a legal advisor but she is out of the office this week and I could do with some help now as I have a feeling things are going to come to a head this week.

I am going to write a separate post about contact to keep it distinct from the financials, so please read that too if you have the time

Any help is genuinely much appreciated.

[Resolution]

Easy peasy...

1. Go to the CSA immediately. They can't back date a maintenance assessment.
   

One minute without maintenance is, in my view, unacceptable.

1. As you are in the house on your own, you should be paying the mortgage. You will get credit if you reduce the capital after he has moved out.
   

1. You can apply under s14 of the Trust of Land and appointment of Trustees Act 1996 for an order that either the house is sold, or that you buy him out. He's stuck with whatever half the equity is.
   

Good luck

[OhWesternWind]

Great! Thanks for that Resolution.

I'll talk to my solicitor about the S14 order when she's back.

Thanks again.