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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34280
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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I'm currently separated from my wife. I currently pay the mortgage

Resolved Question:

I'm currently separated from my wife. I currently pay the mortgage on our jointly owned house which she is living in with my 3 children. We are now starting to work out maintenance payments. She expects me to pay maintenance & half the mortgage. I was under the impression that my child maintenance was to cover for amongst other things housing. So I was going to pay half the mortgage and then top this up to meet the maintenance payment we had agreed. Would I be correct in assuming this would be the correct thing for me to do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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?
What other assets are there and how old are the children?
what income do you each have?
Clare
Customer: replied 2 years ago.

House is worth £140K. There is £93k outstanding on the mortgage, although we will have to pay my inlaws back £30k which they lent us for the deposit. There are no other assets. The children are 10, 7 & 4

Expert:  Clare replied 2 years ago.
Hi
What income do you each have?
Clare
Customer: replied 2 years ago.

Sorry, last year after tax I earned £26000. My wife does not work and is currently claiming benefits

Expert:  Clare replied 2 years ago.
Hi
The appropriate way forward is for you to pay the Child Maintenance to your ex.
It is then up to her to pay all the bills on the property - including the mortgage.
If you wish to be generous then you can also pay half of the mortgage directly to the Mortgage Company, but there is no requirement on you to do so as you are simply not earning enough to make Spouse Maintenance a realistic possibility.
I hope that this is of assistance - please ask if you need further details
Clare
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