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Child maintenance arrears - can his ex claim equity from our house?

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kam1000 | 12:25 Sat 24th Nov 2007 | Civil
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My partner signed the house he owned with his ex over to her about 6 years ago. At the same time a court order was drawn up with the amount of maintenance he would pay her a month. Since then we have brought our own house and have a child with another on the way. With the increase in mortgage rates and my working part time since our eldest was born we have not been able to pay the full amount of maintenance and are now in arrears. He has paid what he can when he can but to add to it all she is saying that we owe her about �1000 more than we think we do. His ex is now threating court action and has told my partner she can claim the equity in the house we jointly own. Is she able to do this as we have dependents living in it and it is jointly in my name?
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you need a solicitor asap.
You can go back to court ref maintenance (unless drawn up by CSA)
Honestly go to a solicitor - you can normally get a free 1/2 hour consultation and he will outline your options far better than anyone on here - don't delay as your house, children etc. are at risk.
Hope it works out OK...
if its money he owes and the debt is proved then she could apply for a "charge" to be put on the house which means when it is sold her money will go to her first out of any profits, but i dont think he will be compelled to sell it now.
If you are strugglng with mortgage payments, why not sell up and get somewhere smaller? After all, the amount of money it takes to bring up a child dosent change, even if your ability to pay it does

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