Partners Ex and FMH

[truckgirl]

can anyone offer any advice. My partner and his ex are currently divorcing they have 2 children the youngest is 11. My partner is paying child maintenance and half the mortgage on the FMH where is estranged wife lives with the children. His ex says she can no longer afford to pay her half of the mortgage but says that she cannot be forced to sell the house until the youngest child reaches 16, she has told my partner that they must jointly remortgage to reduce the monthly payments, i don't believe she can force him to do this, i believe she has run up debts herself that she wishes to pay off in the remortgage as she no longer afford to pay them

the whole financial settlement will be decided as part of the divorce. they hould sit with a mediator to discuss way forward see if they can reach an agreement.

she could ask court to let her keep/have her remain in the marital home til youngest reaches adulthood (18) . but the intricacies of the mortgage etc need to be worked out.

not sure he can be forced to remain on the mortgage but both sides need some legal advice.

deepnds how much equity is in home etc. if equity is released could they each buy a new place?

He can be forced to stay on the mortgage, but no one can make him join with her on a new mortgage.

Thanks for that, there is approximately 45k equity in the house, she cannot afford to buy a house on her income as she only works part time, i have suggested trying to move to interest only payments on the mortgage with the current lender until the youngest leaves school as this will reduce monthly outgoings, if they do not agree to this i cannot see a solution

If the financial arrangement following the divorce was that they pay half the mortgage payments each they must both stick to it. If one person defaults (the exW) then ultimately the house would be repossessed. The mortgage company would take their money and the equity (if any left!) would be divided according to the financial agreement (unless the exW goes back to court - in which case I dont know what the rules are!)) I am assuming that the split would be 50/50 when the DCs reached majority as your DP was maintaining his half of the mortgage?

Legal advice needed but interest only seems the way to go as remortgaging a bit fraught with danger.

Let us know what happens as its a knotty problem, for sure??