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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
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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We have had the FDR. My solicitor is now writing up the order.

Customer Question

We have had the FDR. My solicitor is now writing up the order. Not everything was covered at the FDR. When should these issues be raised?
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.
What matters were not covered?
Clare
Customer: replied 2 years ago.

It was not agreed how we should pay the mortgage over the period of the house sale. My ex stopped paying anything towards it or any other house insurance, repairs etc 6 months after he left. Fortunately the debt had been overpaid by us both so the mortgage company said I neednt worry until May this year. The house sale could take longer. Can he be made to service his part of the debt, or is it not worth it?

Expert:  Clare replied 2 years ago.
Hi
Who is living at the property?
Clare
Customer: replied 2 years ago.

I am although my ex still has left all his office paperwork, gym equipment, books, here. I've offered to send them to one of the two properties he's rented but he says they should stay in the house until it's sold.

Expert:  Clare replied 2 years ago.
Hi
Was any maintenance ordered?
Clare
Customer: replied 2 years ago.

No it was a clean break.

But my argument is that the mortgage is a joint debt that he has stopped paying...

Expert:  Clare replied 2 years ago.
Hi
I am afraid that if he is not living in the property and has not been ordered to pay maintenance then it is unlikely that he would be expected to pay for the ongoing mortgage - but you do need to speak to your lawyer to check
I hope that this is of assistance - please ask if you need further details
Clare

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