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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34129
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife has left our marital home and has told me that legally

Customer Question

My wife has left our marital home and has told me that legally she doesnt have to pay her share of our joint mortgage, is this correct, we have no children
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.

I dont hzve a current valuation but the mortgage is intrest only and we are in negative equity

Expert:  Clare replied 4 years ago.
Hi
Best guess on both figures
Claire
Customer: replied 4 years ago.

155000 - 160000 value


184000 mortgage outstanding


 


Thanks

Expert:  Clare replied 4 years ago.
Hi
How much do you each earn?
Claire
Customer: replied 4 years ago.

Almost identicsl amounts although her basic will be higher


 


Both around 40k p/a

Expert:  Clare replied 4 years ago.
Hi
Legally your ex remains equally liable to the Mortgage Company for the mortgage
However she does not have to pay the mortgage in order to retain her full interest in the property within the financial part of your divorce proceedings so you will not be able to force her to do so
Claire
Customer: replied 4 years ago.

Thank you, so yu are saying if the mortgage is paid she will retain a 50% share regardless who pays it

Expert:  Clare replied 4 years ago.
Hi
Whether or not the mortgage is paid - or who it is paid by it is likely that the division of the proceeds of sale will be 50/50 yes
However if she was living in the property and not paying her share then that would be a different matter
Claire

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