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Clare, Solicitor
Category: Law
Satisfied Customers: 35037
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi ,me and my partner have separated and he has moved out although

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Hi ,me and my partner have separated and he has moved out although still paying half for now . He said he wanted his name off everything mortgage and secured loan . We have a 4yr old son so I have approached lenders for a re mortgage in my name . I have asked he pays 5k which is 2k less than his half but now he's saying he will not pay a urchin towards anything what can I do
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage and the loan?
What income do you each have and how was the original purchase funded?
Customer: replied 3 years ago.

mortgage 75k secured loan 15k value 95k . My income is 26k per year his unknown as self employed but around 28k per year

Is he paying Child maintenance?
What was the Secured loan used for?
What have you asked him to pay for?
Customer: replied 3 years ago.

Iv asked he pays 5 k to his half the loan , he isnt paying maintenance yet but will be doing once house in my name , the secured loan was to pay off my car and his . Can he force a sale ?

Who is paying the loan at the moment?
Customer: replied 3 years ago.

both of us , he has moved out an agreed to pay until I sort the house in my name , just need to know where I stand as hes been very awkward at the minute and need to get it sorted. If i take the loan and house on can he refuse to sign the house over etc.

How much was used to pay off his debts?
Customer: replied 3 years ago.

8k from the secured loan was used to pay his debts off

Under Schedule 1 of the Children Act your ex is under a duty to help you house the child until the child is 18 in any event and given the figures it is unlikely that the court will order a sale until then.
He will have to pay 12% of his gross income as child maintenance (less if he has the child overnight more than 52 nights a year)
If you are willing to obtain his release from the mortgage then it is reasonable for you to ask him to pay towards the loan since there is so little equity left
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you