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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.

If stbx pays the mortgage where I live, should he also pay some home repairs?

52 replies

sallysm · 20/06/2021 11:21

My stbx says he'll pay the mortgage on my behalf until our child is 18, as I'm ineligible to be named on the mortgage. However he'll deduct the mortgage payment from child maintenance he pays me.

However, he wants a percentage of the equity at some point in the future.

My point is that if he wants (eg 50% or 30%) of the equity in many years to come, when the house sells (at some trigger point), then he should continue to be liable for that percentage of the home maintenance until that time. (eg 50% or 30% of roof, window, door, household repair costs)

Just wondering how others have approached this situation, or what court has / might think is reasonable in such a case.

Personally I think its very reasonable that if I'm essentially paying for the mortgage (deducted from CM he pays me) going forward, then he should be liable for a % of home repairs if he wants a % of equity out at the end.

What's your opinion or experience?

OP posts:
Bythemillpond · 29/06/2021 00:31

Also why would it concern your ex how much money you will have to spend on rent. You are going to be divorced and what you do with money is of no concern of his.

FutureExH · 01/07/2021 15:25

If it's an amicable split, try and work it out.

If it's acrimonious then understand this. By allowing you to stay in the FMH and his name on the mortgage, he is forgoing his right to use his share of the capital available now and his ability to get another mortgage to purchase his own property. As house prices tend to rise over time he is being kept out of the market to his disadvantage. The equity split in his favour is compensation for that, not for any future money spent on the property.

Normally with a Mesher Order the resident spouse should pay the full mortgage and maintenance. The equity split is compensation for the non-resident spouse having to rent and being unable to get back on the property ladder for a number of years. If he pays some of the mortgage or the maintenance himself, his share of the equity will have to be bigger.

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