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Joy Nicholas
Joy Nicholas, Lawyer
Category: Law
Satisfied Customers: 778
Experience:  Lawyer
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I need some advice about my ex-partner and not paying any

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I need some advice about my ex-partner and not paying any contributions to the mortgage (of the house we bought together) even though I am now primary carer of our child - I do not live in the house and she is refusing to pay any money, sell the house or talk about working on a way to decrease her share on a monthly basis
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I was hoping to get things done without that
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: oxfordshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that is all, I just need to know what the best cause of action is so as not to make her life more difficult than it is (she suffers from mental health issues) but also so I am not continuing to fund her life
Hi, thank you for your message. Sorry to hear about your situation. Can I confirm who owns the house?
Customer: replied 21 days ago.
Thank you, it has been very difficult. Yes we both do - well she is on the mortgage
Customer: replied 21 days ago.
So what would the courts view on this situation be? I want to try and resolve this with her without going to that extreme, it will just further sour the situation, but if she is pushing for that as an only outcome I would like to know how the court would view the situation and so I can lay that out to her to try and find a better compromise

Hi, thank you for your message. As you are both named on the mortgage you are both responsible to pay. If one defaults it will be as if both defaults so even if she does not pay you will need to continue paying unfortunately. However, I would recommend that you:

1) contact your mortgage provider to explain the situation as they may be able to help you find an arrangement.

2) As you are not able to agree amongst you I would recommend that you contact a mediator who can help you find a solution you both agree upon.

3) You can find a mediator here: https://www.familymediationcouncil.org.uk/find-local-mediator/

4) In mediation you can make numerous offers such as offer to buy her out with the help of a mediator.

5) As a last resort you will need to bring the matter to court. You should find a solicitor to represent you. You can find a solicitor through the law society using this function: https://solicitors.lawsociety.org.uk/ (you will be able to search by area of expertise and location).

I hope this helps if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen and just answer will then credit me for helping you today.

Customer: replied 21 days ago.
Hi Joy, thank you for the answer. That much I had already established, what I really needed help with was what view the court will have on this so I can explain things to her. Court will be unneeded stress and cost. Are the courts likely to say she has to pay me maintenance and backdate this during the time I have been the looking after our daughter? If she refuses to move out and not pay can I place the house for sale? I just need to present the most likely outcomes to her and then hopefully we can move forward, I don't want to cause unneeded stress or costs
Customer: replied 21 days ago.
I really just need to say - if we go to court these are what the likely outcome will be, lets no be silly about this, let's move on, let's think of our daughter. But she is saying that the Law is on her side and that I have no rights.
Customer: replied 21 days ago.
I'd like her to be able to stay in the house, just not if I have to fund it, work full time and look after our daughter! T

Hi, thank you for your message. As her name is on the mortgage she is also responsible to pay. She is in a good position as you are allowing her to stay in the house and the courts will look upon this favourably on your behalf if the matter goes to court. The judge may order her to make payments in accordance with the contract. I would recommend that you try mediation before taking the matter to court as a mediator may be able to help you find a resolution. I hope this helps if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen and just answer will then credit me for helping you today.

Joy Nicholas and 5 other Law Specialists are ready to help you
Customer: replied 21 days ago.
That is great, thank you that is all I needed - I will add 5 stars. Sorry for typos I'm very tired.