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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 separated from my wife last august. I have been renting

Resolved Question:

hi I separated from my wife last august. I have been renting accommodation and paying half towards the mortgage as well as paying child support.
Initially we were still trying to work things out, so I had no problems doing this. However she has now met someone else and I want to break ties regarding finance.
I left with nothing from the home (just my own clothing) which we have lived in since 2003. the mortgage is in both our names.
We have a joint credit card debt of £8236.64 which unfortunately is in my name only. This debt was mostly towards furniture, homes items and some course and various business ventures she took up. I agreed to take on 1/2 of this debt.
I have been paying £245 per month which is half of the mortgage and £325 child support, based on my earnings of £2000 per month before tax. My own rent is £560.
Having moved in to my own property I have had to buy all new things and unfortunately my own personal debt is £5118.29
My wife does not work. We have 3 boys aged, 2, 4 & 6. The two older boys are currently at school.
My wife receives money through benefits tax credit, child maintenance, carers allowance (this is for my eldest son who is deaf, although he is now at school) and disability allowance. on top of the money I have been paying it works out to approximately £26000 per year.
I have had access to the children most weekends Friday to sunday. where they stay at mine.
I have asked her about selling the house so that we can make a clean break and clear this debt off. Unfortunately she has refused.
I need some advice on what my rights regarding this joint debt, the equity in the house and me paying half the mortgage etc. I am really struggling to live by my own means let alone accommodate her living.
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 property worth and how much is outstanding on the mortgage?
How much does a cheaper three bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

thanks clare,

there is £106,674.31 left on the mortgage and it has a value of around £180,000.

The house is in the area of abbeymead. 3 beds range from £169,000 to £180,000 in this area.

many thanks

Matt Rudman

Expert:  Clare replied 2 years ago.
Hi
The priority for the court is the safe and secure housing of the children until they are 18 and you will not be able to force a sale of the property until then unless your ex cohabits.
However you cannot be forced to continue paying half the mortgage
(Yes you remain responsible so far as the Mortgage Company is concerned - but your ex cannot force you to pay it and neither will the family court)
The joint debt however will remain that I am afraid.
How all of this is dealt with is something that you need to discuss with her using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 2 years ago.

thank you. In terms of the household possession's we purchased together, including some of the pets. What are my entitlements to that? so far I have left with nothing. So I have had to buy all new.

Regards

Matt

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the priority is to ensure the comfort of the children - so whilst yes you are entitled to a share of the household items it is a matter of what you can take which are not essential
Clare
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