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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34236
Experience:  25 years experience of all aspects of family law
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I own the marital home, solely in my name and I pay the mortgage

Customer Question

I own the marital home, solely in my name and I pay the mortgage currently in lieu of child maintenance. My wife lives in the property with our children (aged 4 & 6).
The mortgage is £550 per month where as the CSA would cost £260 per month.
She now works and earns £13k pa, plus £1,130 per month in child benefit and child tax credits, giving £2,000 income per month. I get net income of £2,000 a month from my job.
The house is valued about £110,000 with a mortgage of £100,000. There is no other assets. And I can't see her getting a mortgage to take over the house.
What is the likelihood of the courts ordering the sale of the property and dividing the equity?
Or will they let her live there for the next 15 years whilst I have to pay a mortgage way over the CSA payments?
Could they stop me going bankrupt and forcing the bank to reposess?
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to help you.
The Court are highly unlikely to Order a sale of the house until your youngest child is 18 or your ex cohabits.
However you will not be expected to pay the mortgage and the CSA - id your ex is remaining in the property then she will be expected to meet the mortgage payments - even if the mortgage remains in your sole name.
More realistically however the court may well order that the property (and the mortgage if possible) is transferred into Joint names
If you stop paying the mortgage then your ex can pay it instead to prevent repossession
If you go bankrupt then the Trustee in Bankruptcy will offer your ex the chance to take over your ownership of the property
I hope that this is of assistance please ask if you need further details