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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 was married years and my husband left me 3yrs ago.

Resolved Question:

I was married for 36 years and my husband left me 3yrs ago. We have a mortgage together on leaving the mortgage was in arrears of 2 months. My central heating system was condemned and I had to replace it which costs me almost £4,000. he refused to contribute any monies for the up keep of the property, and does not make any payments towards the mortgage, in the past we had been separated and I had always paid the mortgage by law he will be entitled to his share of the property what are my rights on this matter
Winifred Gibson
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?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare

The house is worth between £95,000 and £100,000 there is £14,000 outstanding ,no other assets .My annual income £25,000 and Mr Gibson between £28,000 and £29,000.Mr Gibson is living in rented accommodation, I am still in the property. We both had private pension.

I was paid out 25% when I was 60 which I used to pay for central heating and a car my pension was about £5,000 less than Mr Gibson he has a company car he has not spent much of his pay out. I get £82 a month from the pension Mr Gibson is over £100 a month. I hope this information is helpful

Expert:  Clare replied 2 years ago.
Hi
How much would a cheaper one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

£74,000 I have grand children and they stay over at week ends I was not looking to move. I just wanted to know if Mr Gibson is partly responsible for maintaining the property.

Expert:  Clare replied 2 years ago.
HI
Is your ex likely to be willing to allow you to remain there or is he going to push for a sale?
Clare
Customer: replied 2 years ago.

My ex is happy for me to stay in the property. I have been in the property since he left which is 3 years ago. He will want his half when I die that is if I die before him

Expert:  Clare replied 2 years ago.
Hi
There is no set answer to your question.
To an extent it is up to you and your ex what you agree about how the property is dealt with in the future.
If he wished to do your husband could force an immediate sale of the property, but clearly you have both agreed that he will not do that.
On that basis since you are living in the property and he is not then it is reasonable for him to expect that you pay the mortgage - after all he has the expense of paying rent elsewhere
The position with regard to structural repairs (and I count the boiler as part of those) is more difficult
Clearly since it relates to the value of the house it should be shared between you - but equally your husband could argue that he woudl rather it is sold than that he pays out on repairs
One compromise would be that it is agreed that you will have credit for any structural repairs when the house is sold.
You will have to try and negotiate this with your husband using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
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