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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.

I Keep the house but not ask for child maintenance?

7 replies

blackandwhite2020 · 21/09/2020 10:37

Hi all,

I'm newly seperated from my husband and just getting my head around everything.
I've been thinking how I can keep my house (where I have a 3 and 1.5yr old with me) without giving my husband half of it. Can I just keep it and say you just dont give me any maintenance?
Just think that way it's cleaner, I also wouldnt have to borrow money to buy him out for then him to give me money back a month? I'd essentially be paying a mortgage rate on the maintenance money he'll be giving me?

Would owning my house and not gettin maintenance affect me down the line, say if i was out of work and on benefits or something?

X

OP posts:
Anordinarymum · 21/09/2020 10:40

Are both names on the mortgage?

Bluntness100 · 21/09/2020 10:42

Not enoug info, is there a mortgage, can you afford it on your own? How much is his half of the equity is he basically giving you in this scenario versus how much would his annual child maintenance be.

JaJaDingDong · 21/09/2020 10:46

Does he want/need to sell the house?

millymollymoomoo · 21/09/2020 12:10

You can’t do that as even if agreed cms allows you to make a claim outside of courts

Any solicitor worth their weight would not recommend he agrees to that

You’re going to need to look at all assets and what a fair settlement could be - but this isn’t one of them

LemonTT · 21/09/2020 18:10

@millymollymoomoo

You can’t do that as even if agreed cms allows you to make a claim outside of courts

Any solicitor worth their weight would not recommend he agrees to that

You’re going to need to look at all assets and what a fair settlement could be - but this isn’t one of them

This ^

and for very good reasons.

dontdisturbmenow · 21/09/2020 18:11

Indeed, what if you change your mind in 2 years time? His excuses would go nowhere with CMS. He would be a fool to agree to that, however amicable the relationship is now.

Daydreamsinglorioustechnicolor · 21/09/2020 18:12

There's not just the monthly payments to think of. What happens to his half of the equity? He's still entitled to that assuming its a jointly owned home.

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