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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2548
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I pay the mortgage on my house where ex and 3 children live, I moved out in November 2010,

Resolved Question:

i pay the mortgage on my house where ex and 3 children live, I moved out in November 2010, also paid thousands to ex - want to pay child maintenance in normal way and cannot do so
children are 17, 15 (in june) and 6
currently stuck renting and doubt ex has ability or desire to take on mortgage herself - her new partner was living there without my consent and ex has changed locks on property without my permission
I pay for buildings and contents insurance but have no access to the property should any repairs be needed - I have no idea what condition the property is like. the closest I get is once a fortnight when I collect and drop off my youngest son on the door step.
I fear any attempt to regain property will result in ex blocking contact with children (eldest 2 already don't want anything to do with me)
im not interested in the house itself, but want the freedom to pay a mortgage on a property I live in and then pay child maintenance in the normal manner
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:- Are/were you married to her?-What are the arrangements for you to see the children?-What are your respective incomes?-What other assets do you both have?
Customer: replied 1 year ago.
We were never married.
Contact arrangements are only in place for my youngest son, who I now see unsupervised ever other weekend and for special occasions. I have no contact with my eldest 2 children, their wish not mine (I did apply for contact with all 3 children).I do not know if my ex is working or not, she has historically been on benefits and was a few years back working part-time as a teaching assistant.
I work full time (always have) and salary is £42,500 pa. I possess no other assets other than the property
Expert:  Harris replied 1 year ago.
Thank you for confirming. Initially, your child maintenance liability will be approximately £155 per week based on your salary an the arrangements. However, if the mother is unable to meet the housing needs of the children then she is entitled to apply to court to remain housed in the current accommodation until the youngest is a certain age, after which the property will return to you.At this time, you cannot transfer the mortgage to her or force her to take it on as legally the property is still yours and you are liable for the mortgage - if repayments stop the mortgage company are likely to pursue repossession.Furthermore, as the property is in your name, and as long as there are no police conditions or court order in place, she cannot change the locks or exclude you from the property. Given the difficult position you are in I would suggest that you refer the matter to an independent mediator to assist you both (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2548
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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