My feed
Premium

Please
or
to access all these features

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce/separation

Claiming CMS whilst separates & living under same roo

11 replies

BloodyMiserable · 10/09/2020 10:29

Is this even possible? My mortgage adviser has suggested I can use CMS payments for mortgage purposes, which would really help me a lot.

She has advised that I could put £250 a month more in to the joint account & he gives me £250 maintenance, so that a lender can see it coming in to my account. We will get a minute of agreement drawn up, stating an amount (which a lender will take, apparently).

We are still living unhappily under the same roof, but he is a high earner (60K). So even with 50-50 (which I am not in agreement with) - he would still have to pay.

Any thoughts?

OP posts:
Report
Crylittlesister · 10/09/2020 10:33

If you have 50/50 care, why would he have to pay?

Report
BloodyMiserable · 10/09/2020 10:46

According to the CMS website, he would have to pay £255 a month, even with 50-50 care.

OP posts:
Report
LemonTT · 10/09/2020 19:17

Your mortgage adviser is suggesting fraud. Is that what you want in an adviser.

Report
TitianaTitsling · 10/09/2020 19:19

Is this spousal maintenance?

Report
BloodyMiserable · 10/09/2020 19:21

I am not keen on committing fraud!

It was just to demonstrate ongoing maintenance so that I can include it in borrowing, for when I come off the title deeds.

I really want to stay in the area where DC go to school, and am trying to investigate all possibilities before I blow their lives apart.

OP posts:
Report
BloodyMiserable · 10/09/2020 19:27

No, not spousal maintenance. It would be child maintenance.

Apparently lenders want to see regular/legally agreed CM payments before they will consider it for income. This will be put in place in a Minute if Agreement.

It would just be for the next few months, then I come off the title deeds/mortgage of the house here and in to my new place.

It was to help get an AIP.

OP posts:
Report
millymollymoomoo · 10/09/2020 20:26

You can claim cms while living together as I understand
Will he agree to pay you on a regular basis to show this ?

Report
Bollss · 10/09/2020 20:29

If it's true 50/50 care he shouldn't be paying you anything.

Report
ChittyChittyBoomBoom · 14/09/2020 22:34

@TrustTheGeneGenie

If it's true 50/50 care he shouldn't be paying you anything.

If the op earns significantly less than her ex, he may still have to pay cm.
Report
likeamother · 14/09/2020 22:38

We did this. He paid cms and I bought the groceries with it. Lenders want to see a minimum of 3 months into your account. Good luck op.

Report
BloodyMiserable · 15/09/2020 07:07

Thanks - he is a high earner (60K) so will have to pay it.

He does fuck all parenting & only wants 50/50 so he can minimise his maintenance.

I'd like to do 1 night a week, EOW & 50% of school holidays.

OP posts:
Report
Please create an account

To comment on this thread you need to create a Mumsnet account.