My wife has left the family home after having two affairs for last 3 years. We have a 12 year old daughter and have agreed 50/50 custody. One week with myself and one week with my ex. Her job have given her a house which she pays minimal rent of £300. I pay the full mortgage of £1400. No financial contribution is made by my ex towards the mortgage or running of the family home conversely I pay nothing towards her house. We both earn the same and have similar pensions so house is only asset to share. It is important to myself to maintain the family home for my daughter to give her stability and keep her contact with her best friends who live nextdoor. When do I have to sell? Can I be forced to sell? Is it tough that I pay the mortgage on my own on a jointly owned house or do they have some liability? I considered asking for the mortage and her rent to be added together and then halved? Is this fair or does that not come into it? Help I have no idea and really scared about losing the home.
Similar earnings plus shared child care points firmly towards a 50:50 split of assets, with no maintenance or child support necessary.
(note the child support issue is not so cut and dried as CSA find it hard to accept that child care is truly split 50:50 and child benefits can only be paid to one parent)
I think a court would be concerned that the house (and therefore the cheap rent) is dependent on wife's current job and she could lose it at some point.
You need to negotiate an agreement with your wife.
One possibility is that she agrees to put a charge on the house (registering her 50% interest in it) but agrees not to sell it until...
1) Child is 18
2) One of you remarries
3) She loses job/house and needs the money for new place
As to the rent vs mortage cost issue...thats a tricky one. A solution may be to agree that you are registered as the parent with care (even though you share care 50:50). This would mean you would be paid the child benefit and child tax credits - this might just about even things up.