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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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I have 2 children 12 and 15, and have been cohabiting with

Customer Question

Hi, i have 2 children 12 and 15, and have been cohabiting with my parter for some years, we have a joint mortgage, and it is split 75 25 in my favour if it is sold, i fully understand when i move out i will have to pay child maintenance, but what are my options with the mortgage?, i currently pay the whole amount and always have done, am i legally required to pay the whole mortgage when i have left the property?, paul.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiHow much is the house worth and how much is outstanding on the mortgage?What income do you each have?
Customer: replied 1 year ago.

Hi Clare,

The house is worth about £200,000 and i think about 7 years left on the mortgage, as of 31st December 2014 we have £26430.00.

i earn about £500 per week gross and Angela earns £177 per week part time, but can now get a full time job.

Paul.

Expert:  Clare replied 1 year ago.
How much does a cheaper three bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.

Hi Clare,

We have a small 4 bedroom house so for a 3 bedroom house with slightly bigger bedrooms would be around the same price as the 4 bed.

Paul

Expert:  Clare replied 1 year ago.
But how much would a cheaper terrace cost
Customer: replied 1 year ago.

i would expect no less than £180000.00.

Expert:  Clare replied 1 year ago.
Thank you for that.You are not going to be able to force a sale of the property until your youngest is 18 or your ex cohabits i am afraid.However you do not have to continue paying all the mortgage - or indeed any of it - it is for your ex to pay the mortgage from the maintenance you pay herHowever the fact that it is a repayment mortgage does mean that if you do not continue to pay half of the mortgage your ex will be able to claim credit for the balance that has been paid off the mortgage.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.

Can you please explain this please:-

However the fact that it is a repayment mortgage does mean that if you do not continue to pay half of the mortgage your ex will be able to claim credit for the balance that has been paid off the mortgage.

Expert:  Clare replied 1 year ago.
Yours is a repayment and not an interest only mortgage.If you do not pay half towards the mortgage AS WELL as paying your child maintenance then your ex can argue that anything paid off the capital has been paid by her alone and she should be given credit for that capital before the proceeds of sale are divided between you
Customer: replied 1 year ago.

I had been thinking that if i could pay 50% of the mortgage that would be ideal, and fair for both sides and keep my interest in the property.

Expert:  Clare replied 1 year ago.
That would not only be sensible - it would also be generous
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Clare,

My Ex has seen a solicitor and she says the solicitor say the following:-

He thinks i should pay 75% of the mortgage as i have a declaration which says i have 75%, which i have included for your information.

He also thinks i should pay 75% of any maintenance, ie. if the boiler went wrong i would have to pay 75% of the bill to fix it and he appears to suggest that i should pay more child support than the CSA calculator on the government web site says i should.

I have always been wanted to pay the amount of child support that the Gov website calculator indicates i should and i am willing to pay 50% of the mortgage and i am willing to pay 50% of any maintenance, can you please advise on on the above and let me know how i should proceed, thanks in advance, Paul

Expert:  Clare replied 1 year ago.

This is a try on.

You do not have to pay a penny more than the CSA requirement, nor do you have to pay 75% of the mortgage since you will not be living there.

Your offer to pay half is generous.

The only point which is reasonable is that the cost of any essential repairs to the property (not redecoration) should be split 75/25 between you

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