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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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For 8 years I have been paying maintenance and half mortgage

Resolved Question:

For 8 years I have been paying maintenance and half mortgage payments on fmh. I have high rent costs and can no longer continue this. My youngest is nearly 17 living in fmh and my Ex wife is with a long term partner of 7 plus years. She lies about them living together. My partner and I would like to try for a baby but my ex refuses to sell or buy me out. She says its her home even though there's a loan on the house that will never get paid and arrears on the mortgage that niether of us can pay. She refuses to get a valuation even though I believe there's over 100g equity in the property.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
We've been divorced for 5 years
Customer: replied 1 year ago.
Also I basically have nothing. I don't even own a car, I am self employed so my earnings are up and down all the time I don't have a fixed wage. No savings or a pension. My credit rating is low due to being tied to my ex for so long
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Is there a court order regarding the finances and payments you are making?

-How much child maintenance do you pay?

-What is your gross income and how many nights on average does your 17 year old stay overnight with you?

-Is he in A-Levels or approved government training?

Customer: replied 1 year ago.
Hi there, He is still at school doing A levels, he stays once a week, sometimes all weekend. There is no court order, I earn between 270 and 350 a week, I pay 40 a week maintenance then 180 per month towards the mortgage which is interest only, my ex just keeps saying if I can't pay they'll lose the house and end up with nothing.
Customer: replied 1 year ago.
There is a joint loan that was taken out when we were married that is secured against the house, that was in arrears, its nearly as much as the mortgage payments and we are still no nearer paying it off, they keep adding interest at extremely high rates and the balance is massive still, it started out at 20g and we've been paying for over 8 years and its still at 15g. Its a nightmare.
Customer: replied 1 year ago.
We could pay it off if my ex agrees to sell but she won't. She said maybe when my son is 21. So she just moves the goal posts to suit her and her new partner and expects me to keep paying until then.
Expert:  Harris replied 1 year ago.

What is the value of the home, the outstanding mortgage and the outstanding secured loans on the property?

Customer: replied 1 year ago.
She won't allow me to get a valuation , but roughly lowest value 220/230k the mortgage is 100k left the loan 15k.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given that there has been a divorce and you are both living in separate properties with new partners it would not be considered reasonable that you continue to fund the mortgage on the property or provide any spousal maintenance to her. You are liable to pay child maintenance which is calculated based on your gross income and how often the children stay overnight with you.

If you cannot reach agreement for her to buy out your property or her to meet the mortgage payments herself you should seriously consider applying to court for the home to be settled and equity split between you.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you,

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help