A house was bought a year into a relationship, I moved out after 3 years and have continued to pay half the mortgage for the last two years . Am I still legally obliged to pay half ?

Who bought the house? Whose names are on the mortgage and on the deed?

Is your name on the mortgage? If so, yes, you're responsible for it. Let's put it this way, you buy a car, you take out a loan to get it, you sign for it, you drive it off the lot and get into an accident. Insurance won't pay. Just because you no longer have the car doesn't mean you can decide not to pay for it, you took out the loan, so you're responsible for it.

I'd ask to be bought out by the other person on the mortgage, get your name off the mortgage since you no longer live there.

If your name isn't on the mortgage, if you're not named as part owner, than you're free and clear. No reason for you to pay for something you're not liable for.

Who bought the house? Whose names are on the mortgage and on the deed?
Yes, my name is on the loan.. Joint loan on the house.

Since your name is on the loan, you are required to continue to pay on the mortgage.

Is your name on the mortgage? If so, yes, you're responsible for it. Let's put it this way, you buy a car, you take out a loan to get it, you sign for it, you drive it off the lot and get into an accident. Insurance won't pay. Just because you no longer have the car doesn't mean you can decide not to pay for it, you took out the loan, so you're responsible for it.

I'd ask to be bought out by the other person on the mortgage, get your name off the mortgage since you no longer live there.

If your name isn't on the mortgage, if you're not named as part owner, than you're free and clear. No reason for you to pay for something you're not liable for.

It's as I thought then, but hoped I would have better news.. Thanks for the help:)

Why would you think you don't have to pay on a loan that has your name listed? You borrowed the money from the bank, therefore you owe it back to the bank.

Why would you think you don't have to pay on a loan that has your name listed? You borrowed the money from the bank, therefore you owe it back to the bank.

I was told by someone that I could reduce the amount of financial input as I wasn't living there.. and that my ex was liable for a larger input.

I was told by someone that I could reduce the amount of financial input as I wasn't living there.. and that my ex was liable for a larger input.

It really depends on the ex. Were you two married? When is the mortgage due to be renewed? The only way you can get out of this is by her buying you out, getting your name off the mortgage. Not going to be an easy task. Why would the ex do it? Right now she's living in a house and only paying half the mortgage.

Having said that, you're part owner of the house, no reason that you can't live there since you are paying half the mortgage and your name is on the deed.

It really depends on the ex. Were you two married? When is the mortgage due to be renewed? The only way you can get out of this is by her buying you out, getting your name off the mortgage. Not going to be an easy task. Why would the ex do it? Right now she's living in a house and only paying half the mortgage.

Having said that, you're part owner of the house, no reason that you can't live there since you are paying half the mortgage and your name is on the deed.

Never married, but maintained a amicable co parenting relationship until now😬 I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think! I've always paid above and beyond whilst looking after my little man as well.. Off track a little but the result is I thought I could offset this a little by reducing the input in the mortgage.. Surely $300 a week for a 7yr old is over the top? I guess this gets into a whole other topic though:) thanks though..

Never married, but maintained a amicable co parenting relationship until now😬 I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think! I've always paid above and beyond whilst looking after my little man as well.. Off track a little but the result is I thought I could offset this a little by reducing the input in the mortgage.. Surely $300 a week for a 7yr old is over the top? I guess this gets into a whole other topic though:) thanks though..

Have you ever thought about buying her out of the home or selling it altogether, starting fresh, each of you getting half of what it sells for after the bank is paid?

I really think it would be in your best interest to sever the relationship when it comes to owning a home together.

Yes, the never married is the issue, if married, these are settled in divorce court. You need to try and work out a agreement with them.

Have you ever thought about buying her out of the home or selling it altogether, starting fresh, each of you getting half of what it sells for after the bank is paid?

I really think it would be in your best interest to sever the relationship when it comes to owning a home together.
Yes, selling seems to be the only option.. Thanks for your input, and allowing me to vent:) much appreciated.

I was told by someone that I could reduce the amount of financial input as I wasn't living there.. and that my ex was liable for a larger input.

Whoever told you this does not know what they are talking about. The only way to reduce your obligation on the loan is by taking her to court for a more equitable split. Its possible a court will agree that it is unfair that you should be paying an equal share for a house your don't live in. On the other hand, they may just put it that its part of your support for your child by providing a home.

OP needs to get his child support obligation set by the court. Also, at present, he is jointly and severally liable with his ex on the mortgage. This means that, if she fails to pay, the bank could foreclose, sell it, and have a judgment against him for the deficiency. So part of the litigation he should contemplate would to force her to re-fiancé the property in her own name.

OP needs to get his child support obligation set by the court. Also, at present, he is jointly and severally liable with his ex on the mortgage. This means that, if she fails to pay, the bank could foreclose, sell it, and have a judgment against him for the deficiency. So part of the litigation he should contemplate would to force her to re-fiancé the property in her own name.

Thank you for that advice. RP

Whoever told you this does not know what they are talking about. The only way to reduce your obligation on the loan is by taking her to court for a more equitable split. Its possible a court will agree that it is unfair that you should be paying an equal share for a house your don't live in. On the other hand, they may just put it that its part of your support for your child by providing a home.

I think the confusion is coming from how the law can work. In cases where both parties are on a loan and only 1 party occupies the home then the courts see the continued obligation to the loan as a principle matter. But what the courts can do is allow for "rent back" of the home. That is the fair market value for renting the home. Often times this rent back can be more then 1/2 the payment on the home. So when split it works out that the one remaining in the home pays a greater share towards it.

I have a question, and I'd love the legal experts to weigh in on this, it just popped into my head, and since I'm not a legal expert, I'm not sure if it's relevant or not.

When she went to court for child support, was the court made aware of the fact that she lives in the house that both of you own and pay for? Did they take that into consideration when determining the amount of child support you owe?

Yes, there's more than just a roof over a childs head when it comes to supporting said child, but you are paying half of a mortgage on a house you don't even live in, and then pay an additional $300 a week for your child? That seems excessive to me.

...

When she went to court for child support, was the court made aware of the fact that she lives in the house that both of you own and pay for? Did they take that into consideration when determining the amount of child support you owe?
...

The way I've read everything OP has said, there is no court order for child support.

The main clue is here: "I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think!". I don't read this as saying there is an order, but it could, I suppose, be interpreted that way.

Richard prior, please clarify.

The way I've read everything OP has said, there is no court order for child support.

The main clue is here: "I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think!". I don't read this as saying there is an order, but it could, I suppose, be interpreted that way.

Richard prior, please clarify.

True, he doesn't say it's court ordered. I just don't see anyone agreeing to $300 a week, and paying half the mortgage on a home he doesn't even live in, without a court order. But that is an assumption on my part.

I have a question, and I'd love the legal experts to way in on this, it just popped into my head, and since I'm not a legal expert, I'm not sure if it's relevant or not.

When she went to court for child support, was the court made aware of the fact that she lives in the house that both of you own and pay for? Did they take that into consideration when determining the amount of child support you owe?

Yes, there's more than just a roof over a childs head when it comes to supporting said child, but you are paying half of a mortgage on a house you don't even live in, and then pay an additional $300 a week for your child? That seems excessive to me.
Child maintenance assed my case and said as I don't pay more than half the mortgage it won't be considered.. Bizarre I know! I'd just like to say I'm not trying to withhold money or be a terrible father. It does seem excessive hence my questions on this forum, all this feedback is helpful :)

The way I've read everything OP has said, there is no court order for child support.

The main clue is here: "I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think!". I don't read this as saying there is an order, but it could, I suppose, be interpreted that way.

Richard prior, please clarify.
Yes, child maintenance service has assed my case, so now the private arrangement that has been in place for the last two years is no longer.. I raised my level of maintenance when I started this job but unfortunately it seems it wasn't enough. To make matters even worse back pay has been ordered.. Really quite depressing!

Yes, child maintenance service has assed my case, so now the private arrangement that has been in place for the last two years is no longer.. I raised my level of maintenance when I started this job but unfortunately it seems it wasn't enough. To make matters even worse back pay has been ordered.. Really quite depressing!

I have two children. Combined they don't cost me $300 a week. I find that amount ludicrous.

I really would look into getting her to buy you out of the house. Goodness knows that with $300 a week in child support, she can afford to do so.

I have two children. Combined they don't cost me $300 a week. I find that amount ludicrous.

I really would look into getting her to buy you out of the house. Goodness knows that with $300 a week in child support, she can afford to do so.
That's the question I asked her yesterday after I received the phone call from child maintenance, does it cost 300 a week for little man, her reply was 'well yes'.. I look after him for a continuous block 8 days every month( when I'm home from work) and it doesn't cost me that much, however I guess she has factored in bills etc?

That's the question I asked her yesterday after I received the phone call from child maintenance, does it cost 300 a week for little man, her reply was 'well yes'.. I look after him for a continuous block 8 days every month( when I'm home from work) and it doesn't cost me that much, however I guess she has factored in bills etc?

The way I see it parents of a child are responsible for food, clothes, healthcare, education, extracurricular activities within reason, and child care.

Here's the thing. You're not the only one responsible for this child and the costs to care for him. You're only half responsible. Looking at it that way, it's not even $300 a week to care for him, it's $600 a week because she's also a parent and also has to contribute for the care of this child.

That's one expensive kid. Add to that paying half the mortgage every month. You really got screwed, and I don't say that lightly. I'm female, and I often see women trying their best to raise their children alone with little or no support from the father. But your ex, she won the lottery. That's how I see it. I could not afford to spend $2400 a month (which is what it adds up to when you factor in that she's also responsible for child maintenance) for one child. I couldn't even afford $1200 a month, and spend way less than that on my two kids every month. Even if I bought them designer clothes, all the best toys, computers, Ipads, Iphones, hockey, ballet, gymnastics, and everything their little hearts desired, I still would have a hard time spending $1200 a month.

The way I see it parents of a child are responsible for food, clothes, healthcare, education, extracurricular activities within reason, and child care.

Here's the thing. You're not the only one responsible for this child and the costs to care for him. You're only half responsible. Looking at it that way, it's not even $300 a week to care for him, it's $600 a week because she's also a parent and also has to contribute for the care of this child.

That's one expensive kid. Add to that paying half the mortgage every month. You really got screwed, and I don't say that lightly. I'm female, and I often see women trying their best to raise their children alone with little or no support from the father. But your ex, she won the lottery. That's how I see it. I could not afford to spend $2400 a month (which is what it adds up to when you factor in that she's also responsible for child maintenance) for one child. I couldn't even afford $1200 a month, and spend way less than that on my two kids every month. Even if I bought them designer clothes, all the best toys, computers, Ipads, Iphones, hockey, ballet, gymnastics, and everything their little hearts desired, I still would have a hard time spending $1200 a month.

Thank you for your insight and help:) I'm also compassionate for single mothers struggling and glad there are systems in place to help. It seems to me that these systems are so inflexible and don't see each case individually. I have know idea how to go about changing this. Obviously this subject has moved from my original question but I guess it's somewhat related:) this is the first time I've used a forum like this, are you based in Australia?

Thank you for your insight and help:) I'm also compassionate for single mothers struggling and glad there are systems in place to help. It seems to me that these systems are so inflexible and don't see each case individually. I have know idea how to go about changing this. Obviously this subject has moved from my original question but I guess it's somewhat related:) this is the first time I've used a forum like this, are you based in Australia?

I'm in Canada. :)

Yes, child maintenance service has assed my case, so now the private arrangement that has been in place for the last two years is no longer.. I raised my level of maintenance when I started this job but unfortunately it seems it wasn't enough. To make matters even worse back pay has been ordered.. Really quite depressing!

"Assed" must be something in the Canadian language which is not in American dictionaries. Perhaps it means they ordered you to pay a certain amount of child support. I would guess that they were not aware of the entire financial picture, including how much you pay on the mortgage. I suggest that you ask them to "re-asss" [extra "s" added to out-smart the forum filter] the case and give them the details.

I'm in Canada. :)

Long distance advice👍 that's pretty amazing :)

Long distance advice👍 that's pretty amazing :)

Worldwide advice. This is a universal site, you'll get people from all over the world here. :)

"Assed" must be something in the Canadian language which is not in American dictionaries. Perhaps it means they ordered you to pay a certain amount of child support. I would guess that they were not aware of the entire financial picture, including how much you pay on the mortgage. I suggest that you ask them to "re-asss" [extra "s" added to out-smart the forum filter] the case and give them the details.
Sorry about the typo, assessed is the word I was looking for, seems I made an of myself, thanks though..