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Original poster

has anyone ever applied under schedule 1 of the childrens act

24 replies

isheisnthe · 26/05/2007 11:36

basically - I am having to fight my corner for more equity following our split so I can actually house our children - we were not married but had been together nearly 10 years, and my solicitor is applying under schedule 1 of the childrens act for the use of his equity to house our sons with me, has anyone ever done this - will I win? we own the housejointly s leagally all I entitled to is 50% - which is not enough to house the children. help, please??

OP posts:

CarGirl · 26/05/2007 11:38

sorry no, but bumping for you

Original poster

isheisnthe · 26/05/2007 11:45

ta x

OP posts:

CarGirl · 26/05/2007 11:46

he's being a complete s**t isn't he, I haven't even got a spare room I can offer you we're too overcrowded as it is!

Ladymuck · 26/05/2007 11:48

I haven't but I know someone who did, and yes she did "win". I say win, because strictly it should not be a fight,but of course if you are having to resort to this then of course it feels that way. Obviously the arrangement is in place until the child turns 18 when he is entitled to his share back.

Original poster

isheisnthe · 26/05/2007 11:48

I have got somewhere i could go but everyone is advising me against it - I am at breaking point - he sits here in the evening deliberatly texting OW in front of me to try and get reaction - not that he is getting one but still

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Original poster

isheisnthe · 26/05/2007 11:49

Oh LM thanks - thats encouraging. was she married?

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Ladymuck · 26/05/2007 11:54

No. If she were I would have assumed that the split of equity would be dealt with under the divorce arrangement rather than under Schedule 1. She's only be with him for 3 years, lived with him for 2 I think. Flat was solely in his name and he payed mortgage from his account. She now has said flat effectively with his equity, but she now has the mortgage and he will be entitled to %age on sale when dd hits 18 I believe.

Ladymuck · 26/05/2007 11:56

An alternative arrangement that was explored with the courts was for him to give her a lump sum to cover housing (he would have been in the position to do that).

Chandra · 26/05/2007 11:58

Is this the same as a mesher order? My neighbour got it, she is to keep the house and him the payments of the mortgage (although I don't know what perdcentage of it) until their kids are 18 years old.

My neighbour was not sure it was a very good idea, her ex was convinced it was outrageous but at the end of the day, the children were the ones to benefit, they didn't have to add more to their stress by moving to a new place/area, school, etc.

And, at the end of the day both of them will benefit from the equity gained in the value of the house when it is sold in a few years time. Besides... ex has been a bit noughty in keeping to some of the arrangements so at least the mortagage it is covered.

Original poster

isheisnthe · 26/05/2007 13:22

well, f thats the case then it should be fairly simple - one of the reasons I have agreed to sell tehouse is cos I know I would not be able taffod the mortgage - even on an interest only basis - christ he would go mental!!

I have tried to be reasonable and have offered him to take 30K and me keep the rest until the boys are 18 and then he gets it back but he is not interested in te slightest and wants 50/50

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Original poster

isheisnthe · 26/05/2007 13:30

sorry about the typos - this key board is crap

OP posts:

Kaloo20 · 26/05/2007 13:46

watching this thread intently as I am just going through a similar process. I need every bit of equity to be able to afford another house in this area. Can't change areas because he insists the DC's schools are not changed.

Hoping this final statement will help me get what I need ...

Ladymuck · 26/05/2007 13:47

I think that a mesher order only applies in a divorce situation which isn't the case here. You would be entitled to child support (under the CSA type arrangements) and to a Schedule 1 settlement which is effectively a capital payment I believe. I don't think that you can get additional maintence payments (which is effectively what interest payments would be).

Original poster

isheisnthe · 26/05/2007 13:51

thanks LM - I am honestly more than happy if I just get the equity - he has treated me and our sons like shit since he decided he wasnt "happy" and wanted to split up. His suggestion last night was to kick me out so and that way the council woul get me emergency accomodation (in a lovely BB - not).

I was shocked, we have a large, 4 bedroom, detached house, the kids have beautiful bedrooms and he seemed o think it was perfectly alright to do that to them.

The more he does the more I think it, I will go for ALL the equity!

OP posts:

Kaloo20 · 26/05/2007 13:53

sorry to hi-jack - I'm divorcing would a mesher order be possible for me Ladymuck

Original poster

isheisnthe · 26/05/2007 14:02

no problem Kaloo20 - at least yo got yours to marry you - mine never would as he had been divorced and "stung" before - hes now limbering up to move on to his thrid family

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Ladymuck · 26/05/2007 14:16

Sorry Kaloo I really don't know - the friend I went through this with wasn't married. But I had a quick look at theMesher case and it does seem to deal with divorce. The principles in a divorce though are different from those in the OP's case.

Original poster

isheisnthe · 26/05/2007 14:40

thats right - the onl reason I have to claim under schedule 1 is because I am not married he has no duty to provide for me, unfortuntly for him, he does have a duty to our children

OP posts:

Kaloo20 · 26/05/2007 14:49

Ex h thinks he can get away with paying 1/4 of the mortgage only, leaving me with 3/4 + childcare + all bills + all food + run a car.

When he sees them he 'treats' them all weekend with meals out and expensive activities yet I'm struggling big time

AND he wants 50% of equity.

Original poster

isheisnthe · 26/05/2007 14:57

he is living in cloud cookoo land

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gocat · 26/05/2007 23:24

I have just been through a similar experience with my ex partner. We owned our home 50/50, and my sols saw no problem in applying for a chunk of his equity under schedule 1 of the childrens act. Fortunately I didn't need to go to court for him to agree to this, although I gather if I did I could have asked for a whole lot more. Much as I hate owing him money, it has facilitated my move with the boys, and we should be in our new home in a few weeks! Money to be repayed if I marry/cohabit/kids finish full time education...

Original poster

isheisnthe · 27/05/2007 11:46

thanks gocat - did you manage to avoid court thrgh mediation?

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gocat · 27/05/2007 16:06

We didn't go to mediation, but had sols letters going back and forth for a while. Tbh, I think he saw it as lucky escape, as I had put up a greater ammount of deposit for the house, but property law dictates that he was still entitled to 50% of equity as we owned the house 50/50 on the deeds - silly me! I wont do that again! I really cant see that you'll have a problem getting more of the equity, on a loan basis - as long as it doesnt leave him homeless. Mediation is probably the best bet, and much cheaper than sols and eventual court. However if hes not going to agree to things and stick to them then a court order is your only option. Dont sell the house until you have a signed legal agreement in place!

Original poster

isheisnthe · 27/05/2007 18:29

thanks - I will not sign anything until thats in place!

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