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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34028
Experience:  25 years experience of all aspects of family law
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Hi, Does any of my Child Maintenance Contribution (based

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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
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 3 years 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...

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 3 years 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


 

Hi
Would you be willing to turn it into an interest only mortgage?
Claire
Customer: replied 3 years 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 3 years ago.


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

HI
Does she actually have an income which will allow her to re mortgage the property?
Claire
Customer: replied 3 years 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)

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 and other UK Family Law Specialists are ready to help you
Customer: replied 3 years 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

Hi
If the mortgage outstanding decreases by say £10,000 before the sale then she could argue that £5000 should be deducted from your 50% share and paid to her as she will have been the one who paid it off
Cohabitation means living together - generally for more than 4 nights a week - unless he has no other home at all
She would need your agreement to sell the house at all - and would need a good reason for the move if your equity was to move with you!
Claire