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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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 ex is threatening to stop making his mortgage repayments.

Resolved Question:

My ex is threatening to stop making his mortgage repayments. We divorced 18mths ago. We both have moved on. He says he won't pay for 2 households and will stop payments on the marital home where I won custody of his 3 children. What are my options?
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Nicola
Customer: replied 3 years ago.
I'm ok to carry on waiting. Thank you.
Expert:  Nicola-mod replied 3 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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.
Was there a financial order within the divorce proceedings?
How much is the house worth and how much is outstanding on the mortgage?
How much does your ex earn gross per annum and what maintenance does he pay?
Clare
Customer: replied 3 years ago.
No financial order. Just a verbal one.
House was on market earlier this year for 265k,
Roughly 161k left on mortgage.
Ex earns approximately 35k per annum. And pays 600 pcm covering maintenance and mortgage.
Am I entitled to full equity? Or should I claim on his pension? Verbally we have agreed 70/30 split on equity.
Expert:  Clare replied 3 years ago.
Hi
How old are the children and how often do they stay with him overnight?
Clare
Customer: replied 3 years ago.
Children are 4,5,8.
He has them 10 nights a month approximately. based around his 4 on 4 off shift pattern, so he doesn't have to contribute towards child minder.
Expert:  Clare replied 3 years ago.
Hi
What income do you have and is there any evidence of the agreement that you met?
Clare
Customer: replied 3 years ago.
All agreements were verbal which is why he thinks he can change them now to suit him.
309 per week after tax before child care etc.
Expert:  Clare replied 3 years ago.
Hi
Thank you for thatYour starting point is to try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk)
He will have to pay Child Maintenance no matter what - and that comes out at £400 a month (roughly)
If he refuses then you will have to make an application to the CMS (new CSA)
Spousal maintenance is less likely but is is needs based as well as based on his income so it could be ordered in the short term while you are finding your financial feet.
With regard to the capital a 70/30 split in your favour is very likely if you give up your claim on his pension
If no agreement can be made at Court then you will need to make an applictaion within the Divorce proceedings for the Financial issues to be dealt with
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Reply was detailed in content regarding maintenance and equity, but the information I was asked to give sort of strayed away from the original question.
Customer: replied 3 years ago.
Original question was ' my ex is about to stop paying his half of the mortgage, what are my options? ' can I force him to pay? If he stops, can I have all the equity in the house? He's forcing a default so property will get sold quicker. I intend to sell the property always have done, but it needs some paint some repair which I'm paying for. Also I've been told the housing market isn't great before Xmas so was going to put the house on in the new year. I've been thinking about taking on the mortgage myself, I can, just, but I have custody of our 3 kids so finances will be very tight.
Expert:  Clare replied 3 years ago.
Hi
If he stops paying the mortgage your only option is to apply to the CMS for child maitenance and to make a financial claim within the divorce for spouse maintenance and a larger share of the equity
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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