Having split up with my partner, mother of our children in 2017 . In 2018 I moved out the family house which has a joint mortgage/ ownership. Mid 2018 with the aid of both solicitors a separation agreement was made and sign by both parties.
Current issue is based around paying the mortgage which is £468 per month. Paid from my current account as agreed in the separation agreement. This mortgage is paid using my £380 child maintenance payment and my ex tops up the rest £88 per month
We are now 2 years down the road from the separation agreement and my ex has not paid a total of 7 payments and there is no sign of my ex starting her contribution in the future
Separation agreed states that if the mortgage goes into arrears for 2 months the house has to be sold.
I have been very patience and my ex has the money to pay her side £88 but chooses not too. It's all getting very frustrating.
I want to cancel the direct debit for the mortgage from my account and both of us pay our portion direct to the mortgage provide.
Dont want to go down the solicitor route but it looks like it will
I would rather we both agree to sell as we both have lots of equity in the property.
I think you would be better off paying the 88 a month as well. Its not ideal but if you was to go to court or instruct solicitors it would cost you potentially thousands. Normally house wouldn't be sold until children are 18.
If you was to cancel mortgage payments you would still be liable to pay child maintenance anyway. most people actually are in a situation where they pay mortgage payments and child maintenance as well
If your ex partner is not in agreement with selling the house then the only way to force the sale would be through the court. However, the courts would be reluctant to order a sale if children are residing in the property as above everything else, they would put the welfare of the children first. The only way a sale could be forced would be if the house was excessive in terms of the needs of your ex i.e. if she is staying in a 4 bed house when really only 2 bedrooms are required.
The process would be costly so you are better off paying the mortgage in full in lieu of CMS payments; you never know, your ex maybe agreeable to selling in the future. You could ask her to buy you out but that would very much depend on whether her salary and the bank would allow her to take over the mortgage in full.
Anything you pay to the mortgage cannot be used to reduce your CMS payments, they won't take it into account, and you could find yourself in arrears with CMS annd you really don't want to do that. It seems that there is already a mechanism in place to force the sale, so I'd consider doing that - speak to the mortgage company to let them know what you plan, and then stop the mortgage payments - it might be worth getting professional financial advice first though.
I wouldn't stop paying the mortgage unless you are certain that your ex will make the payments in full. You will end up with a poor credit file which will severely handicap your chances of obtaining any type of credit in the future, any on-going non-payment of the mortgage will eventually lead to the bank repossessing - I am currently at this stage of the process.
You can apply for special variations via CMS if you are contributing to the mortgage where your kids are living. However, I am not sure if this would apply if you have a legal interest in the property.
Just to add, I agree you have to be careful with the advice I gave, which is why speaking to the mortgage company - the reason I suggested to stop paying is precisely to force repossession, but hopefully speaking to the mortgage company first will hopefully maintain your credit rating.
Having said that, Leader is going through this process, so has better firsthand knowledge than I do, so I'm not arguing with his advice.