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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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 have been separated yrs and have 3 children with my

Customer Question

i have been separated for 7 yrs and have 3 children with my estranged wife i have continued to pay the mortgage and some other bills in lieu of maintainance by mutual consent now my wife has taken out a csa case against me and i have to pay maintenance which i have no issue with however i cannot pay mortgage and maintenance house is in my name only as is the deed can i sell the property and divide the proceeds or do i need a court order
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 property worth and how much is outstanding on the mortgage?
What income do you have - and are you willing to consider a divorce?
Clare
Customer: replied 1 year ago.

There is approx 30_40 k of equity in the property and 100k outstanding on the mortgage. my estranged wife is to the best of my knowledge submitting divorce papers. My income is £2100 net pcm. I have contacted mortgage company who cannot offer any help or payment break

Expert:  Clare replied 1 year ago.
Hi
Just to check - have you told your wife you will not be able to pay the mortgage as well as maintenance?
Clare
Customer: replied 1 year ago.

Yes I have but her response was its not my problem

Expert:  Clare replied 1 year ago.
Hi
Just to check - I assume that you do not wish to stop payments because of the effect on your credit rating?
Clare
Customer: replied 1 year ago.

In an ideal situation that's correct however without a relatively speedy alternative I may be left no option

Expert:  Clare replied 1 year ago.
Hi
Alternatives yes - speedy - less so I am afraid.
The starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
so that she can come to understand that there is no basis on which you will have to pay the mortgage AND pay child maintenance, and that if she wishes to remain in the matrimonial home with the children then she will now have to take over the mortgage payment
If you cannot come to an arrangement then you will have to make an application within the divorce proceedings for the Financial Matters to be considered - and ask the court to order to pay the mortgage if she wishes to remain there
I hope that this is of assistance - please ask if you need further details
Clare

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