Thank you Clare.
In answer to your questions; The house is worth approx £135k. There is £105k outstanding on the mortgage.
I have assets of two cars - one is valued at £18k but has £7k outstanding on loan repayments and another vehicle worth £8k.
I pay our joint credit card debt which is now down to £2,250k and I also pay for a loan I took out to buy new windows for the property which has £4k left to pay.
My income is £60k p/a Gross.
I am unsure of my Ex's income as she has never really declared it all clearly. She attends college and has part time jobs as well as any benefits and child maintenance.
When I left the property, I took nothing but a few of my clothes in a bag. I left her with everything, including 2 cars, which she since sold!
My solicitor has explained this is a unique case because I own the house and her name is not on the mortgage, but she lives there.
My net monthly income £3,500
I did have to sell one of my cars in order to pay off our joint Tesco credit card of £3,500, but that is all paid off now!
That is correct.
I offered and she declined 80% of the equity from the sale of the house.
At present, Ex has not requested any spousal payments.
No, he hasn't!
She asked for an 80 / 20 split on everything (house and my assets) I explained in order to do this id need to sell the house. I requested that we get a valuation on the property and since then, nothing has been done as she explained she wants to stay in the property.
£3,500 but she said she wasn't bothered about this.
If I continue to pay the mortgage would this been seen as spouse maintenance in the eyes of a court or would I also have to pay spouse maintenance on top too?
I'm also sure my Ex is cohabiting in our family home with her new partner. Does this change anything?
In these circumstances, I am considering the following:I will continue to pay child maintenance but at the reduced rate of £146 per week as advised by Child Maintenance Options. I would pay this weekly to fair in terms of five week months. I will also continue to pay the mortgage, but will seek to remortgage the property to reduce the monthly cost of owning the home. As I'm still paying into the property I would then put in a sliding percentage scale to encourage my ex-wife to buy me out sooner rather than later. For example, if she buys me out within 2years I would give her 90% of the equity, if she buys me out within 4years then I would give her 80% further reducing in 10% increments every two years.As she is currently doing a degree course which will last three years from this year I feel it is reasonable to expect that she could be in a position to buy me out of the property within 4years meaning the most likely option that she would receive 80% of the equity.Would this be a good settlement idea and would it be accepted in court.
I came up with that proposal for my ex's benefit as she said she wants to buy the house off me, but couldn't afford to do that for a couple of years yet. We cannot simply change the name on the mortgage as she does not work yet.
We had started the financial settlement procedure ie. 50/50, 60/40 etc etc, but ex insisted on 80/20 split on house and my assests. nothing less!
In order to do this, I would have to sell the house.
She later then changed her mind and said she wants to stay in the house with kids and new partner.
I am really lost on what to do now and how to move forward. I just want to move on with my life as she has done hers.
Unfortunately, I do not know.
How do I prove that he is living there?
If my ex was to claim spouse maintenance off me, how much would I have to pay?
In light of all this, if I offered her the whole house,just signed it all over to her and she couldn't accept this because she can't get a mortgage herself.Or I sell the house and she gets 100% minus fees, would this be a suitable / reasonable offer. Would she be able to demand more? and would a court accept this?