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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 have left the marital home 6 months ago- I'm still paying

Resolved Question:

i have left the marital home 6 months ago- I'm still paying all the bills and mortgage as well as giving her maintenance each week. But i need my own place now- If i rent can i claim this rent money back when we do the settlement?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How much is the house worth and how much is outstanding on the mortgage?
Are there any children involved and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare

There is approximately £95k on the mortgage remaining with around 150k in equity if we were to sell it. We have two children aged 11 and 7 and currently i see them each week but they can't stay over. i have to take them out somewhere (which costs all the time) and with the New Year i really want to get somewhere to have as a base and thinking of the future.

We are both teachers and my income is 60k and hers 46k. i just can't afford the 700 a month mortgage and bills for the marital home as well as 500 a month for the girls living which i currently pay and pay 600 a month on rent. However i was going to borrow some money with a view of paying this back when the settlement came through. Currently aim living in a friends spare room and it only cost me £50 per week but it is six months now and i need a base to see my children.

I have found out since leaving that she has amassed quite a substantial amount of credit card debt.

Expert:  Clare replied 2 years ago.
Hi
May I ask why you are still paying all the bills on the matrimonial home?
Clare
Customer: replied 2 years ago.

just for the kids sake- just so they don't have to leave yet. She wouldnt engage with me and i think she would like to stay in the property.

Just felt i should

Expert:  Clare replied 2 years ago.
Hi
You are substantially over paying and simply by reducing your payments you may be able to solve your current housing problems.
Your child maintenance liability is effectively £800 a month - you do not need to pay any bills on top.
If you wish to continue to be generous then you could pay half of the mortgage as well - but it is unlikely that the court would order it if she made an application.
If you would prefer to borrow the money then make sure that the loan is clearly documented if you wish it to be taken into account in any settlement
Please ask if you need further details
Clare
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