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Recent separation, house his on deeds and 2 x mortgages-can I make him pay these mortgages AND get maintenance??

128 replies

Hotlips99 · 19/02/2016 15:54

Help!! My long term unmarried partner left me last year after 16 years together. We have two daughters (12 and 14) who are mainly resident with me (he has them 1 to 2 nights per week, is living in a house share with others) He inherited the house that I am still living in by his late father, with no mortgage outstanding at the time but during our 12 years there, he took two mortgages out (consolidation of debts, upgrading the house etc) and both home loans are in his name only. The house is also his and his alone on the deeds. Since leaving me, he has continued to pay both the mortgages (£625.00 pcm total) from his separate bank account but is now saying I should not be asking for child maintenance on top, which I want. I want £300 pcm to help me out with the girls. I work three days weekly part time, get WTC, CTC and CBen and effectively I live rent free. He is clear he wants the children to inherit the house and that I am in no danger of having to move out until both daughters come of age and decide what they want to do with the property. He is happy for me to live there rent free with him paying both the mortgages as long as I pay for the council tax and all the household bills. He says he can't afford to give me £300 pcm as well, as it would take £900 pcm out of his wage a month. He earns £26K gross per year? I am going to see a solicitor as I want that maintenance as well. I feel he should be paying HIS mortgages on HIS house anyway, is responsible for the roof over our heads, that I should not have to pay anything towards HIS mortgages on HIS house AND that HE should be giving me separate child maintenance too! Am I wrong? What is my position legally? Has anyone else gotten the all the mortgage paid AND maintenance on top? Thanks in advance.

OP posts:
MissBattleaxe · 21/02/2016 21:34

Random- those things could happen, yes, but I still think he is being more than fair to the OP and paying 625 out of his salary to house her whilst he stays in a house share.

Marilynsbigsister · 22/02/2016 07:40

Random - Why is it ok for one half of a couple to have done all the "unpaid" work for a family for years and receive absolutely nothing in return whilst the other person works equally as hard (not harder) and walk away with equity worth hundreds of thousands???

There is a very simple solution in place to prevent such a scenario from occurring. It's called marriage !

If he is not the sort of man who wants to marry, he is not the sort of man to have children with.

Collaborate · 22/02/2016 08:49

OP - while the court could force him to allow you to remain in the property until the children finish their secondary education, it would only do so if you could show that you were able to meet the mortgage payments by yourself.

He does not have sufficient income to justify the court expecting him to pay the mortgage on top of child maintenance.

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