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Topic:
Mortgate Responsibility on Family Home (3 Posts)
Started By:
Date:
07 September, 2017 08:44AM
Mortgate Responsibility on Family Home
dvrcpending - 07 September, 2017 08:44AM
Hello All,

Divorce done and dusted three years ago, 2 kids 8 and 11 living with mum and I have good access with sporadic silliness around how lucky I am I get access at all. Court order on child maintenance and mostly all happy.

House split 80 / 20 and mum and kids live in the house. Issue is that house mortgage is mine. Mum unable to get mortgage of her own to buy me out. While this mortgage exists I can't actually get another of my own, and every once in a while not paying the mortgage has been used as a stick for extra money. The rate of the mortgage is better than what mum would be able to get and as such is a considerable contribution to mums finances.

Anything I can do to have the benefits of the mortgage recognised as a contribution? Or, at what point is there obligation on the ex to get something in place so my mortgage can be released back to me for my use.

Thanks in Advance.
Re: Mortgate Responsibility on Family Home
davidterry - 08 September, 2017 02:05PM
There seems to be a court order so you cannot retrospectively change that order so as to get recognition for contributions which you were not intended to make. It is a mistake to allow yourself to be blackmailed into making extra contributions in this way. Paying them just encourages your ex to do it ever more frequently.

The court order will almost certainly have provided that she pay the mortgage and that she indemnify you against all liability under that mortgage. The mortgage payments are her responsibility and you should leave them that way.

You say that your ex cannot get the mortgage transferred into her name. If that is the case there is nothing you can do except make sure that it is she rather than you who pays the mortgage.
Re: Mortgate Responsibility on Family Home
dvrcpending - 11 September, 2017 08:37AM
Many Thanks - very helpful.
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