Hi,
just thinking. So I am on low income, I will have to pay child maintainance and with the Mesher order, I will have to pay sole mortgage on my sole house till my child is 18 (she is 1).
am I able to just default on the mortgage payments and then get rid of the house as I can not afford the payments and my ex has her parents house which she literally spends 2 nights a week staying at anyway.
any advice?
I would get professional legal advice on this before you do anything else. I don't know much about these orders beyond the basics, and if such an order was made in court, then I cannot imagine that there would not be consequences if your defaulted. You may have to return to court to get the order varied based on your current circumstances.
Hi there
Yes get professional advice. Rather than default you could consider varying or discharging the order although you will need grounds to do so eg you can no longer afford the mortgage (it's easy enough to make this seem the case), however factor in that the existing equitable split agreed when the mersher order was granted may well be reworked as your ex will now require housing together with the child...
All the best.