Re:csa/maintenance amount please help.

Just to add, the mortgage was and still is in his sole name. I cannot at the moment get one of my own and all I had to agree was to use my best endeavours to get one to free him of it and if I dont pay the mortgage I have to indemnify him of any losses.

Hi thanks for your reply, still a bit unsure minds all over the place.
At present i am m in the marital home, with 3 boys under 7. Mortgage at present 749pcm drops to 400pcm on the 1st october.


House is in his name only, my solicitor said that i would not be able to claim mortgage interest as its his house and he is working etc so not entitled to it.

He will not get another mortgage at present as the last year we have had financial difficulties, so it has trashed his credit rating, so would of thought not really in a rush for those circumstances.

I will not be able to get a mortgage either as not working, and also was declared bankrupt oct 2006.

All this had added up to a dire situation, with renting another house, to find a landlord who will accept dss to start is fine but then they either want 6 months rent or a guarantor!!!

If there was anyway of staying i would be made up, as im scared of the future for my boys anyway and one more thing to not worry about would be good.

x

IF you aren't confident in your solicitor you should change.

Will you be able to afford £400 mortgage in October? I wouldn't have thought you could house 3 children and yourself for much less than that elsewhere.

What other assets (including pensions) are there? It doesn't sound as though there is a great deal of equity in the property and that could possibly be offset against something else so the property could be transferred into your name. You would then need to make your "best endeavours" to release your husband from the mortgage but he would have to stay on it until you were in a position to release him. Not ideal but it maybe the best way of keeping a roof over the heads of children.

In the interim your needs will be increased by a reduction in CM and you may just about be in the realms of being able to claim some maintenance pending suit/spouse maintenance until October. Watch out though for the legal costs of going to court which can easily wipe out the benefit of the maintenance, but agreement might be reached.

It isn't easy with three young children but if you could work 16 hours a week you would be entitled to a substantial amount of Working Families Tax Credits. You can check out how much at www.entitledto.co.uk

Hi thank you, i would be entitled to housing benefit if i leave the marital home but would still need to add approx £200 per month to that to stay in the area for a rented place near school.

So i would be £200 per month worse off financially although it is doable like a previous thread said, and it would be mine in principle!!

There is a pension and also shares approx cash value 12k pension ...and 6k in shares that can be cashed each although i am led to believe this will be calculated in the maintenance payments.

I am hoping to return to work asap, twins start school in sept, so i know that working tax credits will replace income support and hopefully i can get a bit of life back and also financially independent again.

what confuses me is to transfer the property in to my name, how can this happen? as i was led to believe you have to be earning etc to say you could afford it.

i would certainly try my best efforts to release him,!!

at the moment he is paying the mortgage and also an amount to pay the bills, i think as he would save from selling the house etc and the present climate he would look at continuing that til i could take it on in oct, or at least reduce the amount of bill money.
hope that makes sense