Who knows about divorce and mortgages?

[MirkleMe]

Separated from my husband a few months ago.

He says if I accept a set amount of child maintenance from him and never ask for more he will write in the divorce that when I sell the house, which is in joint names, that he won't ask anything from the sale.

He can't take his name off the mortgage because I won't be able to prove I can afford the mortgage by myself - even though I have paid it by myself since he moved out.

Is this possible?

If he puts it in writing will I be able to keep the house and sell when I want without giving him anything or will he be able to come back and claim he wants half later on?

If it’s part of the divorce settlement that he gives up his equities in the house, he won’t be abke to come back for more later. I would be suspicious as to why anyone would do that though, that would put me him out quite a lot? Has he got assets he doesn’t want to throw in the mix?

I think he's due a pay rise and doesn't want to pay out any more in child maintenance

I would take legal advice (take all your financial information when you go) if I were you because giving up on half a house unless you’ve ony just started paying it and there aren’t many equities there, I would be cautious. Do you suspect there might be more he has not declared (apart from the payrise?). See if with the maintenance he offers you would have enough for half the mortgage and whatever the children need

If you refuse to settle and this goes to court, he will be forced to declare everything. Also it will take a while so probably he would have had his payrise then

You both need to take legal advice. This would be very unwise of him, because any child maintenance element of a consent order can be overturned after a year by either party applying to the CMS. So he would actually have no way of holding you to the agreement once that first year was up - so a solicitor should advise him against this course of action.

You need to do the maths. How much child maintenance is he offering and for how many years. Work out the total. Get a valuation for your house (just a rough one by comparing it to others on a property website) work out the equity and divide by 2, so half each.

Which figure is highest? If the amount he is offering is higher then go for it, why would you not.

What about pensions?

How much equity in the house?

How old are the children?

If you were to meet someone else and have more children/blend families would your house be big enough?

Is the maintenance payment he is offering reasonable? Not just for regular expenses but will you still be able to manage at expensive times like uniforms and activities in the holidays etc.

Will their lives with you be of a similar level to what they would receive at his house? Or would he be earning a fortune and be able to spoil them whilst your scraping by.

Like someone said he will be advised against it. You shouldn’t be bartering over less maintenance for the children anyway. The CMS is their minimum entitlement to support them.