The Family Home

I moved out of the Family Home several months ago and am continuing to pay the mortgage, See and support the kids regularly. At the moment were still only separated and nothing formal has been agreed. I have 2 questions, firstly: since I moved out my income has trebled, would my ex be entitled to this or would any maintenance be agreed on my former wages. Secondly: my ex would like to move her new partner into our home, he's agreed to pay rent (approx half the mortgage payment each month)! This I wish to be paid directly into my 2 boys savings account. Will this be detrimental in any way to a settlement when we do divorce and could the 3rd party possibly be entitled to any claim on the property? Thats just for starters.

The first question here is the FMH and what happens to it.

There are a number of options here :
1. The house is transferred outright to your wife ( highly unlikely )
2. She buys you out ;
3. She is given the right to live there until the children are no longer dependent, at which time the house is sold and the proceeds divided ;
4. The house is sold now and the proceeds divided.

There are others but they are much less frequently encountered.

I simply do not have enough information to work out what is likely in your case. Remember that the Courts' priority will be to make sure the children have a home. But maybe, if the house is sold and your x2b has a new partner, a sale ( thus getting rid of the mortgage ) and both of them buying another house, and you getting a deposit to buy one on your own account, is at least a possible solution.

One thing you have to remember is that if you are a party to the mortgage on the FMH you remain liable unless released and this can compromise your ability to get a new mortgage.

About your x2b's paramour - no, he hasn't any claim in my opinion.

Whether the Court will take your new salary into account - yes, in my opinion, provided it was not just a temporary measure. Orders for SM can always be varied on the grounds of changed circumstances. Set against that, the fact that your x2b has a partner will affect SM because the Court will assume he will make a contribution towards household expenses, which reduces her needs andf therefore her need for SM.

I advise you to read an article ' Maintenance, re-marriage and Barder events ' by Marilyn Stowe which you should be able to google.

I also suggest that you take legal advice before you get too deeply into this. There is far more to this query than meets the eye. You don't mention pensions, and these can be important.

Mike 100468

if your x went for maintenance for her and the kids, then your new income is the one used. sorry. however if her new partner moved in his wages are taken into account as he contributes to the household bills, this releases more of her income if she is working and vice versa if you lived with anyone.
if her new partner pays half the mortgage, after a number of years he could in theory apply for a percentage of the increased equity from when he moved in.
you have a couple of options, sit down and write out an agreement with your x stating the agreements regarding the house and maintenance then take it to a solicitor to type up, both go to the sol and get it signed and witnessed.
you can also get an agreement drawn up for your x's new partner agreeing that he will make no claim in the future against the family home, again get it witnessed by a solicitor. your and your x can put the house in trust to protect yourselves and the children. if you both see seperate sols to arrange this you might find yourself being petitioned for divorce as the sols will only highlight the negative aspects of this seperation agreement. please send me a message if you need to go into more depth or are considering other options and i will be happy to help .
kind regards
dawn