Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
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 and/or maintainance

10 replies

Chocbuttonsandredwine · 02/02/2022 16:12

In brief.

Should STbx be paying maintainance as well as the mortgage whilst we go through divorce? He’s currently paying mortgage (and his own rent), the mortgage is slightly more than calculated maintenance through CSA calculator:

Financial agreement is taking a while, It would be helpful to know where I stand. He’s staying he can’t afford to pay all 3.

OP posts:
Unknown83 · 02/02/2022 17:17

@Chocbuttonsandredwine

In brief.

Should STbx be paying maintainance as well as the mortgage whilst we go through divorce? He’s currently paying mortgage (and his own rent), the mortgage is slightly more than calculated maintenance through CSA calculator:

Financial agreement is taking a while, It would be helpful to know where I stand. He’s staying he can’t afford to pay all 3.

That really depends on a lot of information that you haven't provided yet. As a general rule, dealing with this in an entirely practical rather than legal way:

HIM

  1. Child maintenance he does have to pay, so that's priority number 1;
  2. His next priority is the roof over his own head;
  3. Next is the cost of living for himself and the children when with him.

Now, what's he got left?

YOU

  1. You've got your child maintenance;
  2. You're maximising your own income and maybe also receiving benefits (you've dutifully claimed for all of them);
  3. And finally, the cost of living for you and your children when with you.

Right, what have you got left?

And Finally

If you've got enough left after that you should pay the mortgage. He shouldn't have to pay because he's not enjoying the use of the property.

If on the other hand you don't have enough left and he has enough left to help you out, then he probably should. He certainly shouldn't be paying all of it when you have your own income, benefits and child maintenance though.

One last thought

Please no games of "chicken" where one of you doesn't pay the mortgage if you should to scare the other into paying the full amount. That might be looked upon as financial abuse.

cherryonthecakes · 02/02/2022 17:59

He only owes child maintenance.l but it's a good idea for him to pay the mortgage instead so both of your credit ratings aren't ruined.

What are you planning to do about housing ? You need to buy him out or sell and move depending on whether or not you can afford the mortgage on your own.

millymolls · 02/02/2022 19:03

Do the maths
Can he afford it realistically ? Most people wouldn’t be able to

Unknown83 · 02/02/2022 19:36

He only owes child maintenance.l but it's a good idea for him to pay the mortgage instead so both of your credit ratings aren't ruined.

This was the sort of thing I was talking about. It's the OP's credit rating too and if you make her ex pay maintenance, the mortgage and rent when he can't afford to with the threat of trashing his credit rating then in the short term he might have to move back into the FMH and in the long term the OP might be answering a case of economic abuse.

Better idea - pay half the mortgage each?

Original poster
Chocbuttonsandredwine · 02/02/2022 20:53

The mortgage is in his name only.

With maintainance UC and PT wages I probably could afford it…

OP posts:
cherryonthecakes · 02/02/2022 21:27

I don't know if mortgage lenders allow you to use UC or CM to pay the mortgage but it's worth finding out for sure. I guess the problem would be buying out his share so that he can buy again in future. Can you also get the money together to pay him ?

Most people couldn't afford mortgage plus child maintenance plus rent. It's not a long-term solution anyway as he might want to buy in future so wouldn't want to be tied to the house you're currently in. It might be easier and cheaper to sell the house and start again?

millymolls · 02/02/2022 23:05

If it’s in his babe he’s liable hit it
But you may have to accept that if he pays it he moves back in

millymolls · 02/02/2022 23:05

In his name he’s liable for it
Sorry terrible spelling above !

Unknown83 · 03/02/2022 11:07

@Chocbuttonsandredwine

The mortgage is in his name only.

With maintainance UC and PT wages I probably could afford it…

To be honest it sounds like he has to pay all three if the mortgage is solely in his name. However, if he can no longer afford rent then either you'll need to clear a room for him or - if you don't want to live with him until divorce - then you might have to think about renting yourself.

Alternatively you can pay the mortgage, the mortgage lender has to accept this.

If I was your ex I would be speaking to a solicitor quite urgently because he's got himself in a bit of a pickle. You may also want to consider this factor; would you prefer him to rack up legal bills that come off the final equity when the assets are split in order to answer this question, or would you prefer to pay the mortgage. That might be what it practically comes down to.

Unknown83 · 03/02/2022 11:16

One other thing. If he solely pays the mortgage since you've separated, I think a constructive trust can form whereby he gets more of the equity. Check with a solicitor.

New posts on this thread. Refresh page
Swipe left for the next trending thread