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keep the house/maintenance

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treaclepie
Posted by
Premium Member

15 Dec 14 #451660 by treaclepie

Topic started by treaclepie

Does anyone know if the ex has to keep his ex wife in her home shouold she be unable to and their is a cosent order in place? Would the ex be advised to not move in with his new partner in order for me to stay in the home.The reason I want to stay in the home is because if I sold the house there is not much equity. I will also only ever ear low income, I do not have a pension and at the moment I have a ten year old but the other two children are 19 and 20 and in education still. Rent would be more expensive than my mortgage. Any advice would be appreciated.

Fiona
Platinum Member

15 Dec 14 #451661 by Fiona

Reply from Fiona

Divorce settlements depend on the overall circumstances - the value of any assets (including pensions) and liabilities held in joint and sole names, respective incomes from all sources, ages and the duration of the relationship (marriage + any cohabitation before).

There is no automatic duty for a husband to keep an ex-wife in the former matrimonial home. The aim is to separate the finances as much as possible leaving both spouses living a similar standard.

YOur husband could have been not advised to move in with his new partner although it won''t necessarily make much difference.

The crux of the matter is would you be able to afford the mortgage payment and if not is there a big discrepancies in your incomes.

Child Maintenance Options
Moderator

17 Dec 14 #451787 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Treaclepie

If an application were made via the child maintenance Service the paying parent is legally responsible only for the amount worked out by the Child Maintenance Service and are not obliged to pay for anything extra. Child maintenance is a contribution towards the cost of bringing up a child and this includes not only such items as food and clothing but also it is a contribution towards the home that the child lives in and the associated costs of running that home.

With you having a Consent Order in place you may wish to see what is stipulated within your agreement. You may also wish to seek legal advice as to where you stand regarding this. Alternatively, you could speak to your solicitor.

For information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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