Is it better to have ex paying mortgage or child maintenance?

[Teapot55]

My ex is currently living with his mum. He's cancelled all the DDs except for the mortgage. Should I start paying that myself and get him to pay child maintenance instead? Or should we start paying half each? He doesn't want to sell the house and neither do I.

It would presumably be a consent order. Other than that, if you own a house, you own it. The mortgage is slightly different, insofar as you are joint and severally liable for it. So long as someone pays the loan every month, that’s all that matters.

A consent order should take into account things like if one party has been paying a mortgage for a decade on their own in distributing the assets.

@Theunamedcat

His legal obligation is to pay both if his name is on the mortgage

I don’t think this is true at all if the house is joint owned, the mortgage will have to be paid by someone or the lender might look to reclaim, but he probably has no ‘legal’ obligation to pay, and if the house is joint owned both owners are equally liable for the debt ( I would have thought),

@BurntToastAgain

It would presumably be a consent order. Other than that, if you own a house, you own it. The mortgage is slightly different, insofar as you are joint and severally liable for it. So long as someone pays the loan every month, that’s all that matters.

A consent order should take into account things like if one party has been paying a mortgage for a decade on their own in distributing the assets.

They’re not married. Consent orders can be part of a divorce.

@GrumpyLivesInMyHouseNow

He's should be paying both, 50% of the mortgage and all of cm. Bu paying the mortgage he's decreasing the debt on the house and hopefully the house is also increasing in value. He owns half of the house so 50% if any equity is his. The mortgage has no affect on cm, it's separate.

Nope. He only has to pay CM.

The ex can apply to sell the house at any time (as can op) as they are not married, he is under no legal obligation to support op, only the dc.

You should get qualified, legal advice op. Far too many posters giving really bad advice with zero knowledge/experience.