I am in the process of divorcing my STBX husband and we are now at the stage of sorting the finances.
The children live with me and they see him every 2nd week and for half the holidays. He pays me maintenance of £600 per month.
I would like to stay in the former marital home to secure the future of my children, however I think it is only fair that he contributes to the mortgage. I cannot take over the mortgage by myself as I am on a lower income,therefore wouldnt qualify for the mortgage by myself. My income from work, benefits and child maintenance totals £2900 per month. My mortgage is £500 per month.
Financial settlements look at the marital assets and try to divide these up in a way that allow both parents to move on, independently of one another. I suppose ideally he would want to be released from the mortgage with you taking ownership, so that you both have a clean break, but maybe he doesn’t.
If you both decide that you each want to maintain your shares of the property, then maybe he would then agree to paying towards the mortgage with an agreement to sell in the future, taking an agreed percentage on the sale. This would be something to talk through in mediation, a process I would recommend.
If your soon to be ex-partner can afford to give more money towards the mortgage, you can ask. £600 per month for child maintenance is a lot. Many fathers can not offer more money. They have to live somewhere else, pay bills, eat, live as well.
I applied for an occupational order due to domestic violence. The Judge said to me. If I want to live in the house. I have to pay for the mortgage myself. I get universal credit. For this amount, I pay my mortgage with it. I have to budget my money to pay bills, food…
If you need more money you can do a part-time job to meet more towards your financial monthly figure, or rent out a room to cover the mortgage.
I’m Michelle one of the Moderators here. It’s good to see you here posting and getting some support. It sounds as though you’ll need some professional legal advice with your query. Here are some links that may be helpful:
Civil Legal Advice Helpline on 0345 345 4 345 https://www.gov.uk/civil-legal-advice to check to see if you qualify for legal aid and for details of local family law solicitors that provide advice and representation funded by legal aid
Family Law Panel https://thefamilylawpanel.org/categories/1 A free directory service for members of the public to access professional and independent family law information. Solicitors offer an initial free advice session.
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