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Just some advice...

  • baba73
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05 Jul 12 #341339 by baba73
Topic started by baba73
Hi..

I''ll try and make this simple..

My husband waled out on my and my two girls nearly three years ago..

He wanted to give me the house but the bank would not let me take it on on my own..He then asked for 10k..then 20k.. and now that I am with a new partner is saying he needs 30k to start a new life.

I increased the mortgage term back up to 25yrs from 17 so the payment were loweer and in that time have maintained the house myself.

He was paying 450 a month maintenance which has now dropped to 300 per month.

He pays for nothing else, no trips/clothing for the girls etc...

I am seeing a solicitor on Monday as he has said he will take me to court for the 30k.

We have 70k equity in the house.

My new partner want to come onto the mortgage thus taking my ex off.

Does this seem fair?

Many thanks

  • LittleMrMike
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05 Jul 12 #341350 by LittleMrMike
Reply from LittleMrMike
To my mind, at the moment, you have no agreement - or so it seems - and therefore he can''t take you to Court if there is no agreement.
You see, the house is an important part of any financial agreement, but it isn''t by any means the only one. There are questions of spousal/child maintenance. There could be issues of pensions or other assets.
Put crudely, you can do one of two things.
Either you come to a financial agreement with your x2b, or you have to go to Court and the Court will decide for you. For obvious reasons it is better if you negotiate.
The child support is not affected by your new relationship. Spousal maintenance almost certainly will be affected by it. But you should keep some SM, even at a nominal figure. Cohabitations can break down, and you may need to be able to revive it if that happens.
You should take to your solicitor all your financial details and those of your x2b as (s)he will not be able to get very far without the information.
LMM

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