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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I have been married for 9 years and just found out my husband

Resolved Question:

I have been married for 9 years and just found out my husband has been having an affair for the past 12 months. We have a mortgage in both our names and if we sell the house it will just about pay of the mortgage. We are also on a debt management plan with a £30,000 debt. We have no children together but my 16 year old daughter still lives with us. My husband earns approx £50,000 per year and I am currently a housewife. He has told me the affair is over and he wants to make a go of it and I have agreed for now as I have no money of my own. I am going to get a job and move out as soon as possible and rent a property. I am happy to take on 50% of the debt but I don't know how I stand with my name being on the mortgage. When I leave the house, if it hasn't been sold, can he try to make me pay for the mortgage?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the debt used for?
Clare
Customer: replied 3 years ago.

We were silly with credit cards before we married and both had debts built up when we met. I took voluntary redundancy 2 years ago and managed to pay off a lot of our debt but we still have 2 credit card debts outstanding - one for £6,000 and one for £1,500 and when we took out our mortgage we took out a loan as well which is currently owing £23,500. We are with Step Change and pay £167.00 per month.

Expert:  Clare replied 3 years ago.
Hi
Just to check - you do not wish to stay in the current property?
Clare
Customer: replied 3 years ago.

Absolutely not. Even if we were together I would want to sell pretty soon as it is a 4 bed house and my son recently went to University and my daughter is in lower sixth and will be going to University in about 18 months.

Expert:  Clare replied 3 years ago.
Hi
Thank you - just checking
Given the difference in your incomes once you move out then not only can your ex not make you pay towards the mortgage, it is likely that within the financial side of any divorce proceedings he will have to take responsibility for all the debts as well
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

When I move out I will have to have a job - my previous job paid about £12,000 per year so I will probably get a job with a similar wage - will he still not be able to make me pay towards mortgage?

Expert:  Clare replied 3 years ago.
Hi
No he still will not be able to do so
Clare
Customer: replied 3 years ago.

Thank you for your help, just one more point - can I take my name off the mortgage without him knowing?

Expert:  Clare replied 3 years ago.
Hi
No I am afraid not - but as part of the financial side of divorce proceedings a sale can be ordered
Clare
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