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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
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 work in london and rent a flat , my partner and 2 children

Customer Question

i work in london and rent a flat , my partner and 2 children live in our jointly owned home in northern ireland of which i pay the whole mortgage, as well as my flat rent in london as normally i would go home every weekend, my partner now wishes to terminate the relationship of which I am in agreement with as it does not function as it should, i give her £100 per week every week, she is now demanding i pay maintenance children also and she wants to stay in the family home but does not want to pay any of the mortgage , the mortgagae is £1300 per month my rent £715 per month and i give £400 per month, where do i stand as i cannot afford to pay any more and feel she should pay half mortgage as she does not want me to stay at the house on weekends when i am home
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Thank you question.

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?
What is your gross income - and are you married to your partner?
Customer: replied 3 years ago.
there the house is in negative equity mortgage of £150,000 house value £125,000 I am not married to partner and my gross income is £56,000, she works part time from home and I believe she is claiming DLA child benefit tax credits as a lone parent
Expert:  Clare replied 3 years ago.

If you are not living in the property then your ex cannot expect you to pay the mortgage (although the mortgage company will of course)
Your child maintenance liability is £746 a month roughly - so if you topped that up to pay the rest of the mortgage that would be generous and reflect the fact that at present you can afford property to be sold because of the negative equity
Even if the house were not in negative equity you would not be able to force a sale until your youngest is 18 - or your ex cohabits
Please ask if you need further details
Customer: replied 3 years ago.
I don't want to force a sale I am willing to keep paying the house off as I want the house 2 boys future but I cannot pay the mortgage the flat in London and send money to her , she is threatening to take me to court to pay but what about the monies she is getting every month and also her own business income of which she is not paying tax on either she says she will just walk away from the house and it can be repossessed she will get a council house and the kids aged 5 & 12 who are settled in the area and attending school they do not want to move - what can I do
Expert:  Clare replied 3 years ago.

I am sorry - I should have made it clearer.
The amount you would HAVE to pay is £746 - that is enforceable.
She will have to pay the mortgage from that and her other income
IF you wish to be generous you could top that payment up to cover the balance of the mortgage