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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 partner and I have separated. He has moved out and

Resolved Question:

Hi, my partner and I have separated. He has moved out and is willing to pay half for everything to do with our children, but is unwilling to contribute to the mortgage fees.
I have temporarily put my mortgage onto an interest only rate, but they have told me that I would have to sell.
I have two children aged 10 and 7.
If I sell up, the council won't house me because I made myself homeless and I'm even less likely to be able to afford to rent a place.
I can afford the interest only payments, but I cannot afford the full mortgage.
Is my partner liable for half of the mortgage? And can the mortgage company force me out??
Thank you
Michelle Scrivener
Submitted: 2 years 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 house worth and how much is outstanding on the mortgage?
Who actually owns the property?
What income do you each have?
Clare.
Customer: replied 1 year ago.
Hi Clare, thank you x
The house is worth approx £290,000 and we both have the mortgage in our names.
There is about £173,000 left on the mortgage now.
My partner brings in £27,000 a year and I only bring home £16,000 a year.
Hope that helps and look forward to hearing from you.
Thank you
Michelle Scrivener
Expert:  Clare replied 1 year ago.
Hi
How much is he offering in child maintenance?
Clare
Customer: replied 1 year ago.
He's offering half of everything that the children use, including the bursary fees for their school. Which is approx £500 per month x
Expert:  Clare replied 1 year ago.
Hi
Could they change schools?
Clare
Customer: replied 1 year ago.
No, I don't want them to move x
It's a good school and the schools in my area are not :/
Expert:  Clare replied 1 year ago.
Hi
How much would a cheaper two or three bedroom property cost to buy?
Clare
Customer: replied 1 year ago.
It's approx £250,000 with 3 miles of my home
Expert:  Clare replied 1 year ago.
Hi
How much are the school fees in full?
Clare
Customer: replied 1 year ago.
£750 per month
Expert:  Clare replied 1 year ago.
Hi
I am afraid that the amount your partner has offered to pay is well above what he is expected to pay and he will not be expected to pay half of the mortgage as well
(16% of his gross income at most)
You can check your full benefit entitlements here
http://www.entitledto.co.uk/
If the Mortgage Company will not agree to the Interest Only option on a permanent basis then your only option will be to either move schools or sell
Of course if your ex agrees that they need to stay in their current school he may be willing to increase his contribution
You should certainly try and discuss this with your ex using Family mediation - once your benefits are in payment and you are entitled to legal aid
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Can I contest the decision of the mortgage based on the fact that I am unable to financially afford a rented place anywhere, even if I stop paying the children's fees?
Otherwise, I am still left with no home AND no school.
My parents have offered to pay the school fees, so I wouldn't have to .
Would that change things at all?
The father would still pay half the school fees, so will not contribute to the mortgage, which is fine as long as I don't lose my home.
Expert:  Clare replied 1 year ago.
Hi
It is a matter of your balancing the books I am afraid
If the house has to be sold because you cannot afford the mortgage you may well be eligible for housing benefit to help with the private rental
Clare
Clare and other Family Law Specialists are ready to help you

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