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My wife walked out on me and my 3 children back in February. She moved into her parents and after a couple of weeks I offered to let her have an even share of the kids. She was still contributing to paying half the mortgage. She has recently moved into a rented property and has informed me she has stopped paying her half of the mortgage. She is trying to get me to sell the family home in order for her to get her share of the equity. So a couple of questions for you folks. 1. Can she stop contributing to the mortgage and still have a right to her full half of the equity. 2. How long can I hang onto the family home until I'm forced to sell ( I want her to come back and this is not a mutaul seperation, very much one sided!)?
Any guidance would be gratefully recieved.
Hi Lofty,
Sorry to hear of your situation.
In answer to your questions, if your ex is on the mortgage then she is liable to still pay her share of it.
As for forcing you to sell the house, I'm not sure how you stand there and may need to seek legal advice, the children's legal services we use can't give advice on your situation I'm afraid only on child legal issues.
It sounds as though your ex has decided that she won't be coming back to you, i guess if she had stayed with her parents then you could assume it was a short term thing but as she has rented somewhere then I doesn't sound like she plans on coming back. I'm sure this must be a really horrible thing to be going through and if we can help with moral support or advice just ask.
Darren
Thanks Darren,
She claims that, as she is providing the kids with a home (rented), she doesn't have to contribute to the mortgage on the family home, but still is entitiled to her full 50% of the house, when/if, it's eventually sold. Does seem unfair doesn't it !
Sorry Darren, hit the submit button to quick!!
Just one more quick question! Is there anything I can show her, website, document etc to say that she is still liable to pay her half of the mortgage?
Many thanks for your help.
I'm guessing that she is named on the mortgage?
If so dig out the mortgage agreement or ask the company for clarification in writing and show her this, she can do something called deferring her stake on the property and it's equity which means you have the house valued now, set her % to be paid and that's what she would get when the house is sold, this isn't a great way of doing things though as you don't get free of the joint mortgage. But still have to cover the payments yourself.
From what you have said the children will reside with you 50% of the time in the former family home, will you be the main parent? Will you be claiming child benefit or will she? If you claim than your the resident parent so she would be liable to pay child maintenance either informally or through CSA.
Either way none of the above removes her from having to cover her half of the mortgage (if she is named on it) if the mortgage is soley in your name she isn't legally bound to pay towards it.
Darren
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