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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 am recently seperated. The mortgage is joint names. My ex

Resolved Question:

I am recently seperated. The mortgage is joint names. My ex is in the process of taking over the mortgate.Until this time I know I am resonsible to pay half of the mortgage. I also know I am responsible to pay child maintenance (as per government website calculator as guidance) my child will stay over night with me approx 2 nights per week. - But i need to know if am responsible to pay anything towards the bills ie water, electric, heating etc, which my ex seems to think I am. (as well as child maintenance) I am currently living with parents until ex has the mortgage soley as I can't afford to pay for any other accommodation until I am off the mortgage, as I am only earning £18,000
Can you please advise.
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.
Were you married to each other and how old is the child?
What income do you each actually have?
Clare
Customer: replied 3 years ago.
Hi Claire . No we aren't married . Our daughter is 4 years old . I earn £18,000 my partner earns in the Region of £27,000 .
Not sure if the following is relevant but my partner inherited a substantial amount of money last year which she has tied up in bonds etc . I don't want anything to do with it but wondered if it was relevant with regarding the bills etc
Thank you
Expert:  Clare replied 3 years ago.
Hi
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
The property is worth in the region of £250.000 we put a large deposit down but there is no equity in it as we've only had it a year and a half . My ex's intention is to release some if her money to reduce the amount outstanding and take it on in her sole name - which I'm ok about because depending on whether I need to contribute to bills as well as child maintenance I can then try to find accommodation for myself
Hope this helps
Expert:  Clare replied 3 years ago.
Hi
How much was the deposit?
How much did you borrow?
Clare
Customer: replied 3 years ago.
Off the top of my head we paid approx £120,000 deposit . Is this relevant to whether or not I am liable to pay the bills ?
Thank you
Expert:  Clare replied 3 years ago.
Hi
I am just checking that she is going to pay you the correct amount?
The fact is that not only do you NOT have to pay the bills, neither do you have to pay half the mortgage
Provided you are paying the correct Child Maintenance that is all that your ex can expect.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Hi - just So I am absolutely clear, please can I clarify that you are saying that i am not legally responsible to pay half the mortgage even though the mortgage , at present, is in both mine and her names .? If this is correct what is this based on ? Thank you for your time and assistance
Expert:  Clare replied 3 years ago.
Hi
So far as the mortgage company s concerned yes you remain liable - you both have "joint and several liability" - they can chase either of you for all of it
However since your ex has the privilege of living there - and you do not - it is reasonable for her to pay your half of the mortgage as a form of "occupation rent" - and if she wishes to remain in the property then she has to pay it
Clare
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