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Divorce/separation

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

Original poster

Mortgage payments and CM

11 replies

Betti · 01/12/2019 07:01

I have been told that my stbexh will need to continue paying the mortgage until my youngest is 18. Does he have an obligation to pay CM too?

OP posts:
millymollymoomoo · 01/12/2019 07:38

Where did you hear that ?

MsRomanoff · 01/12/2019 07:43

Who told you that?

That really matters. If it was a legal expert I would take that as best case scenario.

If it was a not legal person, I would take it as very unlikely to be honest.

Its does happen that much anymore. Judges prefer clean breaks.

Where it does happen, usually because he is a high earner, then CMS would be payable as well. However, if he is a high earner and the CMS is a lot, you will may he doesnt pay the mortgage as well.

NorthernSpirit · 01/12/2019 08:48

That information is incorrect.

Your EX has no obligation to pay the mortgage for you. If you stay in the home until the youngest is 18 (under a Mesher order) then you need to pay and you will have to prove to the court affordability.

He legally has to pay child maintenance.

Original poster
Betti · 02/12/2019 06:20

I have had advice from 2 different solicitors who both told me that because there isn't enough equity in the house and I'm a low earner, he would continue to pay the mortgage until our youngest leaves education.

OP posts:
millymollymoomoo · 02/12/2019 07:25

Is he a really high earner? If not I don’t think that’s likely tbh.
How old are the children and how Lind have you been married ?

NorthernSpirit · 02/12/2019 09:02

Why would someone pay for you to live somewhere?

You’ll be expected to work and support yourself. You both are responsible for supporting yourself and providing suitable accommodation for the child when with you.

He will not be expected to pay the mortgage. Are you sure you’re not getting confused with him staying on the mortgage?

MsRomanoff · 02/12/2019 12:05

He must be a high earner, which means lots of things 'could happen'. The devil is in the detail.

Original poster
Betti · 02/12/2019 16:57

He is a high earner. I work full time in a school but the pay is poor. We have been married 18 years and have 3 children under 16.

OP posts:
Whyareyouallcallingmemum · 05/12/2019 22:01

Mine is paying the mortgage and paying cm. He'll pay it till it's paid off.

lifeisgoodagain · 05/12/2019 22:06

Mine is paying the mortgage until it's paid off, I choose to move or I remarry, whichever comes first. When we sell I get 80% equity and my DD's share the other 20%. He's a high earner (£80k) compared to my £10k and he pays spousal on top to cover kids and dog expenses plus house insurance and car (he has access to it as we only had one) but we aren't bothering with a consent order, it's our own agreement, we are surprisingly amicable, get on better now!

Blushingm · 06/12/2019 11:24

I'm paying entire mortgage on my own - ex pays the minimal cm. apparently we are both liable for the mortgage - I'd rather pay it than lose my home

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