How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28408
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Hi, Does any of my Child Maintenance Contribution (based

Customer Question

Hi,
Does any of my Child Maintenance Contribution (based on the CSA guidelines of net income) go towards the payment of the joint mortgage on the property where my ex is bringing up the children?
In light of the Jones v Kernott where the equity seems to fixed when he (notionally) stopped paying the mortgage. i.e is my equity (value minus mortgage) share me/her based on separation date or will it stay me/her as long as i make maintenance payments?
And, if the property is sold is my equity held by her until the children are "adults" against any other house she might buy?
Need to resolve for the basis of a Separation Agreement.
thanks
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage
How old are the children - and please confirm that you are not married
Claire
Customer: replied 1 year ago.

House value is about 200k with about 50k ledt on the 80k motgage we took out to ourchase the property. We were not married and and children arw 8 and 4. sorry fst fingers and small phone...

Expert:  Clare replied 1 year ago.
HI
Is it an interest only or a repayment mortgage?
How much would a three bedroom property in the same general area cost?
Claire
Customer: replied 1 year ago.

Repayment mortgage, zoopla says 197 for the postcode the adjoining semi sold for 191 in feb 2011 my then partner started her affair about a year previous to this about nov 2009, I left april 2012 but paid half mortgage and and csa lebel of maintainance up untill August 2012 when I started to pay only an ammount equal to csa maintainace though notionally split into two sums of half mortgage and the balance ever since. I have married this April, would the arrival of children in this relationship have any effect on her right to keep hold of my equity? Thanks dilwyn


 

Expert:  Clare replied 1 year ago.
Hi
Would you be willing to turn it into an interest only mortgage?
Claire
Customer: replied 1 year ago.

I'm not too bothered as it doesn't effect the amount I pay , as long as it wouldn't adversly effect my equity.


I have always said I'll pay whatever CSA calculator says (since i found out I was overpaying) and intend to base my seperation agreement on that, plus an after school activey each for the girls , currently swimming lessons.


But, she won't re-mortgage, really good interest rate fixed at about 0.75 above base.... I want my name off all joint account/mortgage to remove liability unfortunately they're linked in an IF account.


 

Customer: replied 1 year ago.


Just replied to this but main site says it's been opened to all experts? is this an error?

Expert:  Clare replied 1 year ago.
HI
Does she actually have an income which will allow her to re mortgage the property?
Claire
Customer: replied 1 year ago.

She has a few... approx 690 from a part time job, 400 from a self emplyed job and I estimate 800 from working tax credit plus 375 maintenance from me (all net figures)

Expert:  Clare replied 1 year ago.
Hi
So realistically no then I am afraid
As a starting point you do not need to worry about Kernott - v Jones
Your interest in the property is secure and you will retain your 50% interest in the property when it is sold (unless there is a separate Declaration of Trust stating otherwise of course)
The problem is that you will not be able to force a sale of the property until your youngest child with her is 18 or she cohabits and I am afraid that your personal circumstances are not relevant here
The only issue will be the fact that the mortgage is a repayment mortgage and your ex may well wish to claim credit for half of the amount by which the mortgage has reduced over the years between August 21012 and the eventual sale
Since the amount that you pay in child maintenance is based on your income you cannot argue that any part of it is specifically earmarked for the mortgage and on that basis your ex would probably be successful in claiming credit for half of any capital actually paid off (if any)
I hope that this is of assistance - please ask if you need further details
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28408
Experience: 25 years experience of all aspects of family law
Clare and 5 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you,


Just a couple of point to clear:


By half the credit do you effectively mean she gets all the remaining balance on the mortgageonce paid off which would be fair if he maintainance money ddoesn't specifically go towards it


 


And if she sells of her own choice , as I can't make her, does she carry this equity value over to the next property. Providing as you say my youngest child is under 18, and I assume has to be living with her.... or not cohabitting. (I'll look up cohabiting, her boyfriend stays over, asive had my moneys worth)


Thanks again


Dilwyn

Expert:  Clare replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)