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What are we each entitled to in our divorce settlement?

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responsibility of mortgage repayment

  • carmi
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23 Jun 12 #338592 by carmi
Topic started by carmi
My ex husband and I separated 4 years ago and have both now remarried. I am still in the property which has been on the market for 3 years. The mortgages on the property are in both names. He has being making a small contribution of £154 to the payment I make of almost £800. He does not make any payment towards my daughters keep she is 14 years of age. He states he cant afford this as he pays me the above. He has now contacted the CSA to make an application which I have to agree to. I believe he is doing this in an attempt to pay CSA hoping it will be less than the £154.00 for the mortgages. As the mortgages are in joint names is he still liable to continue to pay a payment towards the costs or will he get away with stopping that contribution and just paying me CSA? I am in the property with my new husband will this have any impact?

  • maisymoos
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23 Jun 12 #338594 by maisymoos
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Do you know his approximate income, is he PAYE? The CSA have a calculator which you can use to determine what he is likely to pay.

He in theory he doesn''t need to pay for the mortgage, but if both your names are on it he will be as liable as you for the debt if it is defaulted on.

Your partner if working could be contributing to household expenses.

What will happen to the equity when the property when it is sold?

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23 Jun 12 #338597 by carmi
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Unfortunately there will be no equity there could even be a deficit.

As I am the one that continues to live in the property until it is sold am i solely responsible for upkeep of payments.

We have arrears of 1,800 from when we first separated the mortgage company are now wanting these arrears paying as well as me paying the full amount of the monthly mortgage payment should my ex be asked to contribute towards the arrears should i agree to meet the monthly payments.

Does my new husband''s finances come into the equation even though he is on no title deeds etc?

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