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Mortgage versus rent dispute

Ex-Wife will not contribute

Present situation is that my ex-wife lives in a house of which land title and mortgage is solely in my name.

She refuses to pay any rent and has no legal obligation to pay any of the mortgage, insurance, rates etc.

Her solicitor advises her not to pay rent, my solicitor tells me to get her to pay market rent.

Presently I am stuck paying a mortgage for a house I do not reside, plus a mortgage for my own (new) house.

Children are 50/50 shared care.

My issue is that legally I am solely responsible for the mortgage, if I default the banks come to me.  Why then should she not be contributing?

The CSA will only accept 30% of mortgage to be taken off total CSA payments.  So now I pay for her to live, for the kids and pay for myself.  Advice please?
No expert in real estate and such matters, I would expect it depends on the laws of the state you are in. Your lawyer should have provided specific laws in this regard to use in defense instead of " Just ask her to pay market rent ".

There are many considerations to be made.

Have financial's been sorted?

Do you have a written agreement for rent?

How long has she been living there?

Have you approached tenancy act department?

There was a case in the west where an elderly couple allowed a young mother and her kids to stay free in their home while they went on a holiday.

Cut a long story short they came back and house was trashed, umpteen thousands in damage and they could not be evicted.

The olds had to wait until their was no-one in the house, enter the house and evict them, they then had to change every lock in the house.

Hard core but an example of what can happen in west.

more info

There is not enough information to answer your question; it depends where you are on the legal tread mill! Any orders in place, verbal agreements etc. How long as she been living rent free? Kids? age etc.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
She has been living rent free since Oct last year. During this time the agreement between us has been she pays me rent the equivalent of my child support payments to her, hence no exchange of money.  However as of this week she wants the CSA to collect, however is refusing to pay me anything for the house.  

I am in QLD and still obtaining exact details on super and other assets to commence negotiating for property settlement.

There is no written agreement for 'rent' rather how the child support was paid, however being the beneficiary she can change the method of collection whenever and however she likes.   As for 'rent' she wont sign.. I recently told her in writing to either sign a rental agreement or she has 4 weeks to get out, after which I will change the locks.

Children are 6 and 4, with shared care at 50/50.

Difficult situation

Your in a difficult situation as the children are going to find it tough to have to move house if you kick her out. What do you think changed her mind on the rent being CSA?
Hi annie,

the children live with me 7 days out of 14, i live 200m from her in my own home.  The kids have transitioned very well to live with me, hence i don't believe my ex having to move is an issue. The kids have a house with me.. Further i move every 12-24mths with my employer so they are used to it. She changed her mind because she realises i am stuck in a bind and all systems support the parent who earns less, and generally supports the mother more than the father.  By changing she gets money in her pocket yet is not putting any out to contribute…i guess i will just have to default on loan and let the bank take the house. At least then I will only have to pay one mortgage and CSA payments rather than two mortgages and CSA.
Defaulting on your loan would be disastrous for you.
What are my other options then?

She can get a cease order on the sale of the house, therefore I can't sell.

She won't pay rent.

I am stuck with increasing debt.

I can force the property settlement, and once divorce comes through she can delay for a further 12 months!

Surely I have some rights here as the legal owner of the house.

If I can provide a house for my kids what is the issue with selling the other house she is in?  Perhaps change all the locks and remove her like a squatter?
Seek orders that you occupy the home. No change for children, they will still be there 1/2 time.

Your reasons for the application are valid. If the order is not granted you risk losing the house, which is not in the best interests of the children.

Exclusive occupation orders are not often granted, but this is different. The usual scenario is separated under one roof and neither want to move.

Those orders are not granted often, but I think your situation is worth an application. It may also lead to a settlement of the issue on the basis that the previous contra mortgage for CS will be restored.
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