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Looking for advice

10 replies

elinorbellowed · 21/05/2010 13:15

Hello everyone
This is my first post and I am looking for help for a friend. She has a 5 year old DS and owns a 2 bed house with her DP. She has discovered numerous infidelities (DP often works away from home) and wants to end the relationship. So far, so straightforward.
However, DP says that if he leaves he will pay child support and nothing else. He has offered to sign the mortgage over to her. He knows that she cannot pay the mortgage alone and is pretty sure that the house is worth less than they paid for it. The CAB have said that he isn't obliged to pay more than basic maintenance and that she has few rights as they are unmarried. She feels trapped.
My advice so far is: see a solicitor and get the house valued, so she knows where she stands. Has anyone else been through similiar? How did you persuade the ex to pay? She says that he won't do the right thing (ie keeping a roof over his son's head) unless he is made to. How can that be done without expensive court proceedings?
Many thanks for any words of wisdom or helpful websites.
elinorbellowed

OP posts:
cestlavielife · 21/05/2010 14:18

it is correct, he only ash to support the children, not her.

he cannot sign the mortgage to her if she cannot pay for it - the mortgage company wont allow it!

so that is probably a non-starter.

yes get house valued first confirm if in negative equity or not.

if there any equity, sell up, share proceeds and she can rent, claim Hb if needed.

if there no equity selling might still be only option...unless she can get a gaurantor to pay the mortgage...could she rent a room out to a lodger? would that cover mortgage?

red37 · 21/05/2010 14:24

Is the house in his name?

Agree with cest

the basic child support for children, there is a child maintenance calculator on the CSA website

She can key in his income and that gives a general idea of what he has to pay

titchy · 21/05/2010 14:41

agree with others. He cannot be made to provide a roof over their heads, only made to give 15% or whatever of his net salary her to her.

She will probably have to sell the house - if there are any debts she would be wise to seek legal advice about how to get these debts apportioned between them, then once her half has been paid there is no comeback if he fails to pay off his share of any outstanding debt.

If there is any equity in the house, again legal advice as to how this should be shared (their tenanacy should be cheked).

If they were married things coudl be much more beneficial to her.

swallowedAfly · 21/05/2010 17:52

This reply has been deleted

Message withdrawn

gillybean2 · 21/05/2010 19:12

I'm sure there's something in the children's act that allows children to claim additional money to have a place to live etc, even when parents are unmarried.
Bumping in the hope that someone will come along who knows more about it.

GypsyMoth · 21/05/2010 19:20

where will he live? he could always argue that HE could be the one to provide the roof over his son's head.....have heard of this before. we are all assuming here that the op will be keeping residency of her ds....not always the case

swallowedAfly · 21/05/2010 19:49

This reply has been deleted

Message withdrawn

elinorbellowed · 21/05/2010 22:48

Thank you very much for all your contributions. It's much appreciated. He won't be clamouring for custody, that's very clear. Goodnight all.

OP posts:
elinorbellowed · 21/05/2010 22:50

PS Sorry, will post in more detail if I have more questions - it's just a bit late for thinking now!

OP posts:
onadietcokebreak · 21/05/2010 22:58

If she int working she wouldbe entitled to help with mortgage interest after 13wks on income support. (not 40wks as previously advised.

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