The two matters are separate. So both could be due.
However, if he’s paying more than half of the mortgage I’d be less inclined to go forfull maintenance as well.
also if he’s paying the mortgage and you hope to take on the house this will possibly go against you as you’re not managing the mortgage currently and he may be able to further reduce the equity you receive due to this.
My ex was paying towards the mortgage and finacially contributing towards towards our child when he left until his solicitor told him he doesn’t need to so he stopped paying towards the mortgage. This was 11 years ago so things might be diff now?
When we were in court, way back then, the judge ordered him to pay me maintenance (which covered half of the cost of the mortgage) each month for 2 years til I got myself back on my feet. After that it was totally up to me to keep up with the cost of the house but I was entitled to the money from the sale of the house. All he was entitled to when the house was sold was the payments he had made for the 2 years, the rest would come to me.
Thank you to you both for getting back to me as I have received conflicting information about this from various bodies.
<span style=”text-align: center;”>For the last two months he’s paid less than half of his contribution and the three months preceding that he didn’t pay his contribution. Late last year there were two months where he didn’t pay. </span><span style=”text-align: center;”>My mum has been paying his share.
He’s interested in the equity of the house and expects the sale of the house to be divided equally even though he hasn’t always made payments. He won’t hear of me taking his name off the mortgage but he’s not contributing as he agreed to.
It’s sounding like you need to have something written up with regards the mortgage. You do not have to do it thru a solicitor, you can write it up yourselves. Keep evidence of any agreement you make and any suggestions about mortgage payments that would come across as fair to the man in the street even if he does not agree,keep records. Keep it as formal as possible, communications via email and post (if you post to him keep a copy of the letter you posted) If at the end of the day he still wants everything his own way and won’t work with you on this to keep a roof over the heads of your children, the only other way forward would be to take it before a judge and let the court decide. Again you would not need a solicitor for going to court, you could do it yourself.
Tbh it would be a battle via courts re the equity and messy.
on balance if this were me I’d go for forcing the sale of the home (to you) so that the whole issue is addressed, plus it would mean that you don’t continue as you are knowing he could go half in the equity moving forward when it may increase substantially.
id also go for maintenance via the cms.
the previous suggestions are very reasonable and a good tact, but I feel that this will only end up at this place anyway with a forced sale.