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Ask Clare Your Own Question
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 seeking a variation based on a joint mortgage

Resolved Question:

Hi,
I am seeking a variation based on a joint mortgage taken out as a prior debt prior to the marriage breakdown. My wife left the marital home and refuses to pay her share of the mortgage and joint endowment policy. Can I sucees in a variation of the basis that I am paying my wife's debt?
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.
Do you mean that you are appealing the CSA/CMS assessment?
How far have any divorce proceedings reached?
Clare
Customer: replied 2 years ago.
Yes I am being sent a variation form even though I said I wanted to appeal the calculation. We are at the stage of Decree Nisi being read on 23 April 2015. Essentially, I am concerned that by default I will end up paying my wife twice as I already pay more then I owe for prior debts (there is also a loan I took out for my sons fees that I pay £189.95 monthly). Surely it cannot be right that my wife can walk out of her financial obligations and then elect me to take on the full debts and pay maintenance on top.
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
The house is worth £370,000 and the outstanding mortgage is £207,000 (all figure approximate). The property is held as tenants in common.
Expert:  Clare replied 2 years ago.
Hi
Is the house currently on the market?
Clare
Customer: replied 2 years ago.
Not yet, we are in mediation on a settlement with the next date being 22 April. The main sticking point will be the pension as I have medical issues and my future needs are likely to be greater. This could result in settlement or court proceedings taking much longer.
Expert:  Clare replied 2 years ago.
Hi
have you offered to move out of the property if she wishes to return?
Clare
Customer: replied 2 years ago.
No, we were living separately in the same home and there were no issues. She moved out on the pretence that my son had a better chance of studying elsewhere but when the exams finished I spoke to my wife about breaking the tenancy at 6 months but she refused. I have offered a return to her but she has refused. My information suggests that she is going out a lot and has a relationship with a man called Phillip but he does no live there. I know that she spends nights elsewhere.
My concern is that she has left the former matrimonial home of her own accord, refused to pay her own share of the mortgage/endowment policy, left me to pay a loan that we took out primarily to ensure payment of my son's fees and has then gone to the CMS to request maintenance. The assessment is £591.70 based on my last P60 but if you add the mortgage/insurance and loan I am paying a total amount well over £1.200.
Surely the regulations were not intended to force husbands to pay the wife's debts as well as maintenance?
Expert:  Clare replied 2 years ago.
Hi
Is the loan secured on the property?
Clare
Customer: replied 2 years ago.
No the loan is a personal loan.
Expert:  Clare replied 2 years ago.
Hi
I am sorry but there is no chance of your application being successful.
The issue of the debt and the mortgage will be dealt with within the financial side of the divorce proceedings - NOT within the Child Maintenance issues.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Can you please expand on the reply.

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