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Can the ex''s partner get a stake in my equity?

  • jiltedrick
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28 Aug 12 #352405 by jiltedrick
Topic started by jiltedrick
My ex and her new partner net over £3,300 per month, despite having one income of just £19k between them. Most of that comes from me (£1300 pm) and my fellow tax-payers (£800 pm unspecified benefits).

Of the £1300 I''m stumping up each month, over £700 is payment on the house that we still jointly own (she won''t budge - taking her to court).

She insists that, because she doesn''t have a job (there''s a surprise), she cannot pay her half of the mortgage and flatly refuses to do so.

She''s stated that I *could* have the money from her partner (who obviously has nothing to do with the mortgage), but that the equity in the house would then be split three ways.

Any advice?

  • LittleMrMike
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28 Aug 12 #352422 by LittleMrMike
Reply from LittleMrMike
As a start, can you please clarify for me :

1. Are there any dependent children involved here ?

2. It is not clear from what you say who is living where.

What I am interested in the former marital home. Can you please clarify who is living in the house that you formerly occupied and which you apparently still own.

3. When you were living together, were you and your partner married or just cohabiting ?

4. If you do not live in the former marital home, where do you live now ?

5. Where does this figure of £1300 from from ? Is there any court order in existence at the moment ?

LMM

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28 Aug 12 #352471 by jiltedrick
Reply from jiltedrick
Hi LLM, Thanks for your reply. Let me give you some answers:


LittleMrMike wrote:

As a start, can you please clarify for me :

1. Are there any dependent children involved here ?


Yes - two kids aged 5 and 9

2. It is not clear from what you say who is living where.

What I am interested in the former marital home. Can you please clarify who is living in the house that you formerly occupied and which you apparently still own.


Jointly own it. She moved her partner in whilst I was working away from home on weekdays. I only had to work away from home after agreeing to move the family close to her parents. More fool me - didn''t realise she had plans...

3. When you were living together, were you and your partner married or just cohabiting ?


Married before we had kids or bought a house.

4. If you do not live in the former marital home, where do you live now ?


I live with my mother 70 miles from work. After I''ve paid the mortgage, child-maintenance and my ongoing legal bills, I have nowhere near enough cash to get a place of my own.

5. Where does this figure of £1300 from from ? Is there any court order in existence at the moment ?


Mortgage (720) Child Maintenace (575). No court orders.

  • soulruler
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28 Aug 12 #352483 by soulruler
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Unless that is a massive massive mortgage it is on a captial and repayment basis.

You should reduce this to interest only in the immediate term.

This is going to sound reactionary but first of all write to her asking to sign to interest only and ask for a response within 3 weeks otherwize you will assume that she does not agree.

If she does not respond consider "forging" her signature. I know that sound bonkers but to be fraud you have to be making a misrepresentation for a personal advantage.

If you are making a misrepresntation with no intention of making a disadvantage and only to stop the other party disadvantaging you and potentially others that is not fraud.

Also you are staying at your mothers presumably at no cost. This is not a situation which is tolerable in the medium to long term and you need to establish that going forward asap.

Reduce the paymnet to the mortgage to half of the interest only payment asap, inform your wife and keep paying maintenence for your children.

You need to start accumulating a deposit to a new home or some potential interitence by way of capital savings not only for yourself but in the case of your demise for your children.

BTW you need to write a will and take legal advice on that. At the moment, sorry to say it , but you are a financial and emotional doormat - been there done that for way too many years - no critisism but WAKE UP.

  • LittleMrMike
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28 Aug 12 #352487 by LittleMrMike
Reply from LittleMrMike
Hmmmm, yes.
Well, to start with you have to pay child support, which on the face of it would be 20% of your net income. Now I don''t know what 20% of your net income is. But for want of anything better I will assume the figure you quote is correct. You should not be expected to pay for the mortgage if you do not live there. Your obligation is child support and you are paying that. I don''t know the boyfriend''s income but I''d hazard a guess that it''s unlikely she would get any more than a nominal order for spousal maintenance, say £1 a year. But I stress - it all depends on the figures, and I don''t know them.
Now normally the fact that your wife is the carer of your children would mean that she would have the right to live in the house, but she would be expected to pay the mortgage out of what resources she has or could acquire. If she can''t then she would not have that right.
I''d say the probability is that she would probably not be expected to get a job when you have very young children - if she were living alone. But in your case she is cohabiting and I can state with Absolute certainty that you have no duties whatever towards him. You can''t be ordered to pay him maintenance of any description, full stop.
The fact that he is cohabiting is prejudicial to her case,. partly because, I assume, there is a second income coming into the house. He is living in a house which is not his, and it is not unreasonable that he should contribute towards the costs.
As for a share in the equity, the boyfriend is not a party to the proceedings, and the Court can only make an order in favour of your wife. If you were awarded, say 50% of the equity, you can''t stop her giving part of her share to her fancy piece. But it would come out of her share, not yours.
There is also the point that you have to have a home of your own, and ideally it should be enough to allow for staying access for your kids. Not unreasonable on your income. Again I repeat, you are not expected to pay for a house if you are not allowed to live in it, except indirectly through the medium of maintenance.
LMM

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