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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22818
Experience:  Senior Partner at Berkson Wallace
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My ex, wants me to sell our property. We are joint on

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My ex, wants me to sell our property. We are joint on mirtgage but we are separated and have been for 4 years. We have one dependant. Who's 9. We had a daughter but she passed and he left for another woman soon afyer. I was out if work for 3 years but currently am in pt employment. My ex has been working but quit his 67,000 yr job a few months ago. He has continued to pay the mortgage but has stopped paying child maintenace. I was paying my contribution to the mortgage up untill a few weeks ago. He does not have out son overnight and sees him for about 8 hrs a week. My ex's choice, we've been to meditation as he wanted me to sell a few years ago.as I was grieving for our daughter I cannot entertain selling the home. Where do I stand legally. What's the likelyhood of a positive outcome if he takes me to court, detstandably my son has been through enough and having to leave the home because his dad wants no connection to me financially. We weren’t married. We were together 9 years

Strange though it may seem, he is not responsible for the mortgage but he is responsible for child maintenance.

A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.

In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.

 

It depends whether one offsets the other.

 

Child maintenance is payable at the CMS rates which are here

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

 

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

 

You have a dependent child and you are both hundred duty to provide a home for dependent children until they reach 18.

 

Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.

 

Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.

 

 

So the chances that unless there was a huge amount of equity in the property you will be able to hang onto it but you would be responsible for the mortgage and the bills meanwhile.

 

What you may be able to do is do a deal with him to buy him out. Rather than wait another nine years for his half of the house, he may be prepared to take a much smaller payment now but that would depend on whether you have the finances to be able to buy him out.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

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