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is this unreasonable?

(8 Posts)
pineapplecube Mon 29-Nov-10 19:01:00

My h left me and dc's in February for someone else. Since leaving he has continued to pay the mortgage but he has to do this as it is in his name only.

He has not give me any other money for kids at all. I have to pay for you agree that this is wrong?

We are half way through divorce and the house is up for sale.

ANTagony Mon 29-Nov-10 19:04:15

Very wrong if you're the primary carer. Will you get any proceeds from the house sale or is it his?

pineapplecube Mon 29-Nov-10 19:22:06

He has past debts so most of the equity will be gone...he has about 35k charged against the house!

He has lived with this woman almost from when he left. She has only 1 child. They both have good fulltime jobs.

evolucy7 Mon 29-Nov-10 19:25:42

Might depend how the finances are sorted in the divorce, but the CSA state that if he is paying a mortgage for a house that you and the children live in without him but he still has a legal interest in it, which clearly he does here, then he should still pay you the appropriate level of maintenance using their calculator.

TrappedinSuburbia Mon 29-Nov-10 19:26:31

Go through the CSA, the only thing that might happen is that he may stop paying the mortgage, you really need to seek proper legal advice.

evolucy7 Mon 29-Nov-10 19:29:06

Presuambly if he stopped paying the mortgage it wouldn't matter anyway it would be his loss, (if you were not getting any proceeds), if it is up for sale you will be moving out anyway.

hairyfairylights Mon 29-Nov-10 22:10:57

Not sure ... how much is the mortgage? You have a right if you are married, to lodge an 'interest' on the land register, even if it's just in your ex's name.

HappyWithLife Tue 30-Nov-10 09:19:20

When I divorced my ExH continued to pay the mortgage and that was classed as maintenance. I had to pay the bills/food/clothes etc. But when I remarried we sold the house, split the profit and he changed to paying me maintenance. This was done through solicitors so was a legally drawn up agreement.

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