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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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Hi Claire, I separated from my partner ( not married) 14 years

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Hi Claire, I separated from my partner ( not married) 14 years ago and our children were 4 & 2 at the time. We made a verbal agreement (big mistake now!) that I would pay the mortgage (which is in my name) instead of child maintenance until such time that she was able to obtain her own mortgage. Shortly after we separated I refinanced the mortgage to raise funds (20k) to clear debts which accumulated while we were together. Now 14 years later and our youngest is just 2 years shy of 18 and things have not changed. She has not been able or willing to get a mortgage and has said that when our youngest reaches 18 she wants the house signed over (still needs to get a mortgage though) and also I must pay back the 20k. I need to know where I stand? I now live in Australia and have remarried (no children) Do I have any equity in the house because mortgage payments were in leiu of child maintenance?? Would the CSA chase me for 14 years payments??
The mortgage is 440 per month with 50k outstanding
Approx value of house 180k
My salary gross is 600 per week
Thank you in advance

I'm Wendy, and I’m a moderator for this topic. I sent Claire a message to follow up with you here, when she is back online.

If I can help further, please let me know. Thank you for your continued patience.

Thank you for your question
I shall do my best to help you but I need some further information first. - how much is outstanding on the mortgage?
Customer: replied 3 years ago.
Hi, thank you for your reply, approx 45k is outstanding.
In fact you are in an excellent position.
Since you were never married the proceeds of the sale of the property will need to be shared equally between you - and if the remortgage covered debts that were run up whilst your were together she certainly cannot insist that it is refunded.
If you had been paying Child Maintenance you would not have also had to pay the mortgage - and the CSA can not back date an assessment.
Your ex may well try and argue that you had promised her the house - but then she had promised to get you released form the mortgage and that hasn't happened either
As it stands this agreement has worked out well for you - and it is now up to you how generous (or otherwise) you wish to be.
I hope that this is of assistance - please ask if you need further details
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience: 25 years experience of all aspects of family law
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