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keeping the house

  • jemma12345
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11 months 2 weeks ago #507947 by jemma12345
keeping the house was created by jemma12345
I have a son aged 12 and another 20 (student at home) I think the best option is to stay in fh. How long will my ex have to pay half the mortgage for? he earns more than double my income should he pay more than half?

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  • WYSPECIAL
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11 months 2 weeks ago #507948 by WYSPECIAL
Replied by WYSPECIAL on topic Re:keeping the house
You need to post a lot more details about incomes, ages and all assets for someone to answer.

He will have to pay child maintenance for the 12 year old but the general rule is that if you get an order that delays when your ex will get his share of the equity from the fmh you will have to pay all of the mortgage and costs from your own income.

You need to bear in mind that come the trigger point, especially if house prices rise significantly, you may need to sell the FMH in order to pay your ex and may not have enough left to purchase a new home yourself.

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11 months 2 weeks ago #507974 by jemma12345
Replied by jemma12345 on topic Re:keeping the house
im confused why do I have to pay full mortgage? surely he has a responsibility to give our boys a home until they aren't dependants anymore?

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  • hadenoughnow
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11 months 2 weeks ago #508000 by hadenoughnow
Replied by hadenoughnow on topic Re:keeping the house
I am afraid it isn't as simple as that. His only statutory responsibility is to pay child maintenance at rates determined by the CMS.

Anything over and above that is a matter of need and ability to pay. He will have his own living costs to cover - and ideally should have a place big enough for the children to stay.

If you can tell us a bit more, we can advise more effectively.

We need to know

Ages
Incomes including any benefits
Length of the marriage plus cohabitation
Market value of former marital home
Outstanding mortgage
Size of former matrimonial home
Pensions CEV and type
Value of any other assets in sole or joint names
Loans or debts in sole or joint names.

Hadenoughnow

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  • SuePete
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9 months 3 weeks ago #508767 by SuePete
Replied by SuePete on topic Re:keeping the house
you could look into getting a Mesher order that would let you stay in the family home until your youngest leaves school. I think your husband would have to carry on paying the mortgage during this period although he could argue against it. Also, bear in mind that you'd still have to sell the house or buy out after 6 years (when your son is 18)

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9 months 3 weeks ago #508775 by WYSPECIAL
Replied by WYSPECIAL on topic Re:keeping the house
SuePete wrote:

you could look into getting a Mesher order that would let you stay in the family home until your youngest leaves school. I think your husband would have to carry on paying the mortgage during this period


No he wouldn't.

Usually to get a Mesher type order you need to be able to pay the mortgage and other running costs from your own resources.

If his income is so high that SM becomes a possibility there would almost certainly be options other than a Mesher.

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