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Going through courts

Posted by Artu 
Going through courts
May 26, 2021 09:26PM
Please advise me;

I have been divorced for 4 years.
I have a child with my ex who is now 7 years old.
I am currently living with my partner in a 1 bedroomed flat and we are of course desperatly looking to find accomindation with 2 bedrooms.
My ex only allows me to look after my child every other week from Thursday to Sunday. My child sleeps in our living room on a pull out sofa.
I have property owned with my ex. I have paid the mortgage on this property since I left my ex wife and since we have been divorced, she has been and is living in my house and I am paying the entire mortgage
I have attempted numerous times to arrange an amical agreement without involving courts. My offer to my ex wife is that I will change the mortgage payements to interest only so I can pay for the house for her to live in with my child as she cannot get a mortgage herself due to income amount, and I wish to take £30,000 from the house to set up home where my daughter has her own room, She has rejected this offer numerous times.
We attempted mediation with no success as she believes I should pay the mortgage and child maintence.
Now I have cancelled the payment to the house, and I have arranged a direct tansfer to her bank for the full child maintenance amount as advised on the child maintenace calculater
I have now sought a lawyer and my proposal is the same offer where I allow here to live in the house where I pay the interest only on the mortgage but i want to take 30,000 out of the house to set up home so my daughter has her own bedroom as her age requires this.
My ex emailed to advise that no matter what she will take this through the courts until she has everything and left me with nothing because I deserve it.
Just to advise that the mortgage has always been paid for from my wages and the house is worth £360,000 approx
I am interested to no how you would advise on whether this is a good offer, and whether my propasal will be accepted by the courts?
If the offer is not accepted would the courts fight more for my ex, or would they more take into consideration all I want to do is get a secure home for my daughter where she has her own room?
I am desperate for advice as my ex will not stop until she has everything from me, and I willing to go though this but scared of the costs of course.
Please advise. Many thanks



Edited 1 time(s). Last edit at 05/26/2021 09:28PM by Artu.
Re: Going through courts
May 27, 2021 10:18AM
If you cannot reach agreement with your ex then you have no choice other than to make a court application to get the issues settled once for all. If you do not you will simply lose more money in the long term. It is better to bite the bullet now.

It is impossible to say whether what you are proposing is fair or not because there is simply not enough information. To give a sensible answer a solicitor would need to know at least (1) what the outstanding mortgage is, (2) whether there are any other assets such as pensions and (3) what your respective incomes are.
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