Who pays the mortgage if I make partner move out? Me? Him? Or 50/50

[Gettingfedup2015]

Posted here for traffic. I am unhappy and thinking of asking my partner to leave. We have two young dc. Our property only had about £15,000 equity in it, £30,000 at most if it went for a high price. Mortgage is £800 a month. If I asked him to leave would I be responsible for the mortgage? I'm a sahm so this would be impossible. He could pay the mortgage on his salary no problem, would I have to move out instead? How do these things work?

So the main advantage is that he court may give a married person more than half of the equity on a jointly owned/mortgaged house on divorce? So OP would still become responsible for the mortgage when her spouse was released?

Sorry to hijack your thread OP

It would be different because if married, everything is considered an asset of the marriage, and her in the division her contribution to the family would be recognised. Not just house, but savings, pension pot, other high-value items. The starting position is 50/50, but this can be varied. Spousal maintainance would also be a possibility if married, though probably only for a transitional period.

As it is, it's a case of whoever owns it keeps it.

Sorry to hear this OP. I think you need to look into what you're entitled to by way of benefits. All your STBXP has to pay is child maintenance, and sometimes that can even be difficult to extract.

Please, anyone reading this who is unmarried and having a baby and thinking of giving up their job to be a SAHM, don't do it. At the very least get married first.

Whoever lives in the property shoukd pay mortgage as "occupational rent " . .but if he earns massive amount then child maintenance might cover it. But might not.

Sorry that your partner has cheated and that you're in this situation OP, please get some proper legal advice. Unfortunately I know a few women who have opted to be sahm then when they have split with their partners have ended up financially screwed. Do you have a career that you could resume which would support you and your DC?

the only problem with getting a mesher order is if the soon to be EX cannot afford to maintain the morgage payments and house himself the judge would have no choice but to order the house sale as the judge does need to consider the needs of all parties and yes housing the children is the most important but that need does not overright the need for the EX to actully house himself

eg the judge will not force a NRP to have to pay for a morgage if he then cannot afford to house himself despite what people think as in the judge will not make someone unable to house themselves to keep the children in the family home and thus would order the sale of the family home