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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My wife announced shortly after Christmas that she wished to

Resolved Question:

My wife announced shortly after Christmas that she wished to separate and end out 8 years of marriage. Stating we had moved in different directions and she no longer wanted to be will me. As far as I am aware she has not met anyone else and I certainly have not.
My feelings are that we should continue to work on our marriage, seek help and try to reconcile our differences. She is not willing.
We own property (mortgaged in joint names) together and have lived there years. We both work full time and have no children.
My wife now tells me that she is moving out of the house and will only pay her half of the mortgage until the house is sold. I must therefore take on all of the other household bills. This will be a financial burden .
Is my wife allowed to abandon her responsibilities to the home in this way and leave me in financial difficulty?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
and thanks question.
When you have a mortgage in joint names, the contract is between the mortgage company/building society on the other hand, and the people named on the mortgage deed on the other hand. Each person is jointly and severally liable whole loan, which means that the mortgage company can go after either party whole of the loan. You are correct in your understanding that your wife is still bound by the terms of the mortgage deed whether or not she is living in the house.
However, it is not in your interest to allow the mortgage to get into arrears because a) that will affect your credit rating and b) worse case scenario the mortgage company if the arrears are bad enough could decide to apply to court possession order, which would allow them to sell the house very cheaply.
The mortgage company is not interested in the dispute between you and your wife - they just want the mortgage paid.
However, once a divorce petition has been filed at court, either party can apply to court court to decide how the assets of the marriage should be divided, if you can't agree between yourselves. If you have been paying the mortgage without financial help from your wife then that may help you to negotiate a larger than 50% share of the assets.
I hope that helps and I wish you the best of luck.
Thanks and best wishes...
Customer: replied 2 years ago.
Relist: Incomplete answer.
I specifically asked of my wife's on-going responsibly household bills. The reply was solely concerned with the legalities surrounding the mortgage, of which I am already aware of.
Expert:  UKfamsol replied 2 years ago.
Sorry you.
Once your wife has informed the gas, electricity, water etc that she is no longer living at the house, then she will no longer have any responsibility for paying towards these items - because the gas, electricity, water etc used, will be used by you alone.
As I explained in my answer above, she will have a continuing liability mortgage, regardless of whether she lives in the house or not.
I hope that helps and I wish you the best of luck.
I would be grateful if you would now kindly rate and accept my answer.
Thanks and best wishes...
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