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bit of advice please

(5 Posts)
FeralBeryl Wed 29-Jun-16 10:45:04

DB and DSIL are in the process of separating.

He has left the family home, they have 1 child aged 3.

They are married and both names on the mortgage.

They also have additional debts.

He is intending to pay (far more) than required CSA payments, keep lots of their joint debts but ideally would like the house to be sold and then split assets.

DSIL is being given conflicting advice from everyone and is now under the impression that she can remain in the marital home until their child is 18 with DB continuing to cover his half of mortgage payments.

I have advised her to seek legal advice but it's so soon after their split that she doesn't know her arse from her elbow sad

It's tough because I love them both and want to support them both, but there is no way he can sustain the necessary amounts and be able to move from our parents spare room before he's about 75!

So main question- does he have to keep paying the mortgage, or could he eventually force the sale?

Apologies for the rambling incoherence blush

MrsBertBibby Wed 29-Jun-16 11:17:57

If he stops paying the debts and mortgage, he can kiss goodbye to his credit rating, so if he can keep the boat afloat whilst they sort things out, that's good.

Long term, the court won't expect him to pay in so much he can't keep himself, so if she can't take up the slack, she won't be able to argue to keep the house.

FeralBeryl Wed 29-Jun-16 12:29:25

Oh he wouldn't dream of not paying mortgage and other payments in the interim, this is more for a little further down the line. Thank you so much for your response flowers

Lonecatwithkitten Wed 29-Jun-16 13:14:04

They both need separate legal advice specific to their situation.

millymollymoomoo Wed 29-Jun-16 18:54:31

There is no automatic right to keep the house, although it is often banded round mumsnet, not is there automatic ruling that states he would be liable for paying half of costs!

In cases where children are young, its often preferable for the courts to not order a mesher order as it ties people together financially for a long period and limits the other persons ability to get a mortgage and move on themselves.

However, the judge will look at lots of factors to include, length of marriage, available assets, earnings of both parties as well as future potential earnings, ages of children and so on and will put the needs of the children first. Unless he is a very high earner, in the event of being able to keep the house she would need to be able to demonstrate she can afford the mortgage payments without him, as its quite likely no spousal maintenance would be awarded and he would not be expected to pay the mortgage.
The judge and courts will also assess his own housing needs so he certainly will not be expected to forgo the capital asset now and be expected to pay 50% of mortgage.

They both need good legal advice but I think it highly unlikely based on what you indicate that he would be expected to keep paying the mortgage ....he may be required to in the interim until finances and assets are sorted but a judge will not expect him to live in a room while supporting his ex in the former marital home - he needs to have somewhere suitable for having the children to stay too.

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