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Hi all,

 Well the forums are a wealth of knowledge so far and thanks to all who are involved.

 I'm currently separated and live in the city.  The ex and kids live in the country.  The mortgage on the matrimonial home is solely in my name as the ex didn't have any income so I couldn't see any benefit in putting the mortgage or the house in joint names. 

 The ex stayed in the house after we split and I paid the mortgage $500 / fortnight in lieu of child support ($420 / fortnight)  by agreement.  The plan was for her in 2 years or go to be in a financial position to take over the mortgage and the 'equity' would have been part of the financial separation.  I concede that the house is a marital home and I don't have any ideas of claiming the house 'as mine' just because it's only in my name.

 A recent change in circumstances has had the ex move out of the house into a rental.  The 'matrimonial' home is now empty but I'm still obvoiusly paying the $500 but I'm now paying the extra Child support, plus my own rental.  We have agreed to sell the house (and thus payout the mortgage and split the equity in a manner yet to be decided)

 The ex is demanding that we sell the house for $80,000 above the price indicated by the real estate agent as she wants as much $$$ as possible.  She also tells me that if I accept a lower offer that she'll be expecting me to make up the loss to her somehow.

 She's also saying that she 'won't allow' me to rent the house out pending sale, because having renters may detract prospective purchasers.  I'm now staying in the city so me moving back into the house isn't an option.

Any thoughts on how this could turn out?

Many thanks for reading,

T
Well the house is in your name so unless the ex has a court order, you can do what you like with it.

I think you should rent it out as your rental losses will increase and thus your child support in the next financial year will increase as a result.

Trying to attract tenants is not very easy whilst the house in on the market so you may need to temporarily take it off the market. Investors like to purchase properties with instant rental return.

This also stops the ex from changing her mind and moving back into the house.

Also you should get the locks changed.
aspire said
Hi all,

 Well the forums are a wealth of knowledge so far and thanks to all who are involved.

 I'm currently separated and live in the city.  The ex and kids live in the country.  The mortgage on the matrimonial home is solely in my name as the ex didn't have any income so I couldn't see any benefit in putting the mortgage or the house in joint names. 

 The ex stayed in the house after we split and I paid the mortgage $500 / fortnight in lieu of child support ($420 / fortnight)  by agreement.  The plan was for her in 2 years or go to be in a financial position to take over the mortgage and the 'equity' would have been part of the financial separation.  I concede that the house is a marital home and I don't have any ideas of claiming the house 'as mine' just because it's only in my name.

 A recent change in circumstances has had the ex move out of the house into a rental.  The 'matrimonial' home is now empty but I'm still obvoiusly paying the $500 but I'm now paying the extra Child support, plus my own rental.  We have agreed to sell the house (and thus payout the mortgage and split the equity in a manner yet to be decided)

 The ex is demanding that we sell the house for $80,000 above the price indicated by the real estate agent as she wants as much $$$ as possible.  She also tells me that if I accept a lower offer that she'll be expecting me to make up the loss to her somehow.

 She's also saying that she 'won't allow' me to rent the house out pending sale, because having renters may detract prospective purchasers.  I'm now staying in the city so me moving back into the house isn't an option.

Any thoughts on how this could turn out?

Many thanks for reading,

T
 
Your ex cannot dictate the asking price especially if the real estate agent you a true market value in writing. She has no legal standing in asking for the money if the house was sold at market value. If the house was sold below market value it would be a different story.

If you rent the house out your ex would be entitled to a share as it is part of the asset pool. It could also put you in a situation where spousal maintenance is payable by you to her. Be careful.

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. 
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