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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am divorced. My ex has been paying the mortgage since he

Resolved Question:

I am divorced. My ex has been paying the mortgage since he left 4 years ago as we have two boys aged 14 and 9. He has been living with his partner, who he is due to marry in February next year. The fixed term on mortgage runs out in month and he wants to transfer it to me and says he wants then half when place gets sold eventually. I can afford mortgage but his reduction will mean that I am limited in what I can get the boys etc. My husband has a very low paid job which he choose after being qualified as a teacher and so can't provide things much for the boys which I can as he pays the mortgage. I also don't feel a 50/50 split if fair, I supported him for three years while he retrained, often working excessive hours as a nurse and he has not paid anything for the upkeep of the house for four years.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
He pays 250 a month half of mortgage and 60 a month maintenance for both boys as he has them half the week. His partner earns as much as me. I pay all childcare bills a month of 200 a month and nearly everything for both boys.
Customer: replied 1 year ago.
He left family home due to affair
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Given that circumstances are going to change and you do not seem to be able to meet needs based on the change, I think it is necessary for you to make a referral to an independent mediator to help you reach an agreement. You can find local mediators here: www.familymediationcouncil.org.uk
If mediation falls through, you can then make an application to court for financial relief. If mediation is successful you can submit a consent order reflecting the agreement, to court for approval.
When deciding whether to approve an agreement, or decides on an order for financial relief the court will look at the following criteria:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).
If you were to pursue the matter to court, or as part of your negotiations, your children's needs will come first, and if you are unable to meet their needs after paying the mortgage then your husband will have to assist either by way of child maintenance or by way of spousal maintenance. Child maintenance is calculated based on his gross income, and this will be reduced proportionally according to how many days a week on average they stay over with him.
As the property appears to be the former marital home, your husband will have a right to a share of the equity, however the court will not ask for this to happen until your youngest child is 16 or, finishes education. After which a sale will have to take place to share the equity. 50-50 is the starting point, after which contributions and needs will shift the division. The reasons for the divorce/separation will not impact the division or settlement.
Please do let me know if you have any further questions.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a Family lawyer for more than 30 yearsHow much is the house worth and how much is outstanding on the mortgage?What income do you each have and how is the care of the children actually shared between you?
Customer: replied 1 year ago.
House is worth 300,000 and outstanding is 110,000. My salary is alot more than his and just increased to 40,000 his is around 24,000? Always been around this amount for him un various jobs. We share custody 50/50 as until just recently i was still working shifts.
Customer: replied 1 year ago.
Boys stay with him 3 nights one week and four nights the other.
Customer: replied 1 year ago.
However due to his poor wages i buy and pay for the majority of things for boys. He is also remarrying and her asessts are consirable with a 400,000 house and possibly same or more income than me!
Expert:  Clare replied 1 year ago.
What agreement has been reached about what should happen to the house?
Customer: replied 1 year ago.
I remain in house with boys until grown up but apart from that nothing else agreed
Expert:  Clare replied 1 year ago.
Would you not prefer a larger share of the equity?
Customer: replied 1 year ago.
Yes i would prefer larger share as in family home with boys and i am left to manage it alone
Customer: replied 1 year ago.
Does it always go 50/50?
Expert:  Clare replied 1 year ago.
No Not necessarily at allHow much woudl a cheaper three bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.
I wouldnt be able to buy a three bed in this area house prices have increased significantly. Be hard even to get a two
Expert:  Clare replied 1 year ago.
None the less I do need the figure as to what the cheapest price would be!
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please let me know if you have any further questions.
If you found my information provided helpful please could you rate my response positively so that the question can be closed.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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