After 2 years I have finally managed to get my ex to agree to reach a settlement proposal.
Her side have now drafted a
Consent Order, based on my draft consent order from earlier in the year.
The offer to divide equally is more than generous given I live in rented accommodation with our two children, while she has solely occupied the
FMH (which is on the market) for the last two years.
We both earn the same, and I get nothing towards the children, but I'm willing to go 50/50 just to get it over with.
A clause in the consent order from her requires me to continue to make mortgage payments, but also to "be liable to pay 50% of the cost of any routine maintenance or structural repairs provided that no work is to be completed to the Family Home without the prior agreement of both parties in writing or an Order of the Court."
Given she solely occupies the house, I think it's only fair that she maintains any wear and tear.
Would it be reasonable to decline the obligation to maintain a house she's living in?
My other worry is that I'm obligated to pay 50% of the mortgage until the house is sold, which if she manages to keep rejecting offers means she gets to live in the FMH as I continue to pay half the mortgage, is this standard practice, and is there any wording I could use to mitigate this?
I'm hoping that an hour with a Wikivorce solicitor will help with this.