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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son and his wife separated 20 months ago. They have one

Resolved Question:

My son and his wife separated 20 months ago. They have one son between them and he has a stepson and a new daughter in a new relationship. Although he and his wife bought a house together, she is the only one to have paid the mortgage since their separation (the mortgage company was allegedly informed) and my son is happy for her to keep the house without any payment from her. She has just received notification of redundancy and has said that he will have to pay the mortgage. Could you advise of his position?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage
How old is their child and how does that child spend hi/her time between them?
Clare
Customer: replied 3 years ago.

Hi Clare


 


I think the house is worth approx. £100,000. Not sure how much is outstanding (I know it's in negative equity), and my grandson is 6. He sees my son once a week and stays overnight. They got married in August 2010 and had the house just before.


 


Sandy

Expert:  Clare replied 3 years ago.
Hi
Does he pay child maintenance?
Clare
Customer: replied 3 years ago.

Yes, he does pay maintenance through the CSA. I have found out that the house is worth £120,000 and they bought it in 2007 if that helps.


 


Sandy

Expert:  Clare replied 3 years ago.
Hi
How much does your son earn?
Clare
Customer: replied 3 years ago.

Hi


He earns about 16k and she earns at least 20k


Sandy

Expert:  Clare replied 3 years ago.
Hi
So long as he is paying the Child Maintenance your son cannot and will not be forced to pay the mortgage- or anything towards it - at all
However if his ex defaults on the mortgage this will of course have an impact on your son's credit record.
As part of the eventual divorce proceedings a decision will have to be made about the property - although I am afraid it is likely that your son will have to remain on the mortgage so long as there is negative equity.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Clare.