Hi there in an unusual posistion my wife will be paying me maintainence . We have almost agreed on a settlement but there is one sticking point . I have agreed to sign over the MH to her but she is worried that if she was unable to work due to ill health or unemployment then she would have to sell the house to pay me .Would this happen . I have no intention of making her homeless just to keep a roof over my head . Can i put a clause into a settlement which would prevent the selling of the house due to ill health or unemployment.
Thanks for any advice .

Hi there

Just as would happen with any paying party, if your wife becomes unable to continue to pay SM you either reach an agreement between you and file a variation of the order at the court or she applies to the court for a downward variation. No paying party is ever expected to borrow etc to pay SM.

Amanda

Hello, hello, hello!

Amanda, what you say is that SM is only enforceable if it can be demonstrated that the payer has sufficient liquidity to pay.

What if Bri's stbx could physically fit into a smaller home, could she be forced to sell the FMH?

(((((Amanda))))))

YA

Hi there

No, it is not usual for an asset to have to be sold to pay SM unless the payer has deliberately arranged his or her's affairs in order that their disposable income is negligible in order to avoid SM.

If the payer's income alters due to circumstances beyond their control (loss of job etc) then he or she can expect a downward variation to be granted.

Amanda

Would this be true if an X took out a big mortgage after SM was court ordered and then said he couldn't afford to pay anymore?

Thankyou
xx