mortgage

[memawboo]

i am divorced and live in the joint marital home with my new partner and my 3 children. my ex husband pays me maintenance through the csa but this has to be deducted from his earnings. he does not contribute to the mortgage and has not seen the children for nearly a year. Also because he failed to pay my maintenance i had to go to court 'alone' to keep my house because i was unable to pay the mortgage alone he has not paid any money towards the mortgage since december 2004.what is my legal standing on A; getting his name removed from the mortgage . B;if i sign my half of the house over to my brother , i cannot afford a solictor so any ideas or advice would be gratefully recieved

[JudgeJ]

These matters are too complicated to expect definitive answers on AB. You need to seek proper legal advice. I appreciate this will cost you money, but it's the only surefire way.

[cascarelli]

Ok, this isnt a legal answer, but why isnt your new partner paying 'rent' which will help pay the mortgage if he's living there with you?

I think you need to make your ex an offer to buy him out of his share of the house and remortgage either on your own or with your new partner. Depending on the value of your property, the amount of mortgage etc, the offer to your ex could actualy be nil i.e. "you agree to sell me your share of the house and I wont chase you for mortgage payments etc"

[memawboo]

my current partner helps with all the bills and pays for my car insurance and food etc i cannot seek legal advice as i am not in a finacial position to do so . i cannot afford to buy my ex out as he is asking for a large amount of money from the house neither can i sell the house and find somewhere else to live as i have the children to consider .