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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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HelloI have just split with my partner and we have a child.

Resolved Question:

Hello
I have just split with my partner and we have a child. We own a home together and have a joint mortgage. I also have a buy to let property in my name which I will most likely go and live in. There is still a reasonably large mortgage on this property as well as the property we own together.
I was wandering as well as paying maintenance will I have to contribute towards the joint mortgage. My Ex wishes to stay there for the sake of our son but she is currently not working.
Thank you
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 income do you each have, and please confirm that you are not married to each other
Clare
Customer: replied 2 years ago.

The house is worth £775,000 and the outstanding mortgage is £370,000 with monthly payments of £700.

We are not married and my salary is £60k. If I move back to my buy to let my monthly mortgage/bills will be £1500 per month.

Thank you.

Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper two bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

Hi Clare

Probably between £650-£700,000.

Kind Regards

Expert:  Clare replied 2 years ago.
Hi
That seems rather high - have you checked outlying areas?
Clare
Customer: replied 2 years ago.

HI Clare

Well it's in Ealing, London. My son is at school in the area. I'm sure there are cheaper 2 bed homes outside of the immediate area.

Kind Regards

Expert:  Clare replied 2 years ago.
Hi
How will your ex pay the mortgage if she remains there?
Clare
Customer: replied 2 years ago.

She is able to take a part time job with her old company but may rely on part maintenance from me and/or family help.

In this scenario will I be obliged to pay maintenance despite still having money tied up in the house?

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you will have to pay Child Maintenance even if she remains in the property - but you will not have to pay the mortgage as well - that is her responsibility - but of course you remain liable so far as the mortgage company is concerned.
You need to make it clear that if she wishes to remain in the property then she must keep the mortgage payments up as otherwise it must be sold.
I hope that this is of assistance - please ask if you need further details
Clare
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