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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 divorced,the ex wife is living in our house which is

Resolved Question:

i am divorced,the ex wife is living in our house which is up for sale , we have agreed 50 ,50 split. Do i have to pay half of the mortgage until sold as i am not living there? thankyou.
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.
Is there a Court Order relating to the finances?
Clare
Customer: replied 2 years ago.

no just the usual boxes ticked, straight forward divorce , although she divorced me for adultery , no financial order against me. My ex and i have agreed to split money 50,50 on sale of house . she had keys back from me, and has kept nearly all furniture white goods etc.She said i have to pay half mortgage by law , which i have paid for well over a year . there is no sign of house selling , i am 65 years old and want to retire but cant she is 58 with a good job. philip charlett,

Customer: replied 2 years ago.
Relist: Other.
waiting to long ask another solicitor
Customer: replied 2 years ago.

Hi Clare i have answered your question about finances , still waiting for a reply philip charlett.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Just to check - is it a repayment or an interest only mortgage?
Clare
Customer: replied 2 years ago.

interest only mortgage

Customer: replied 2 years ago.

sorry clare i have to leave computer for a few hours. will check back here later. repayment mortgage .

Expert:  Clare replied 2 years ago.
Hi
Since you are not living at the property and your ex is there is no requirement that you continue to pay the mortgage - you have rent to pay elsewhere.
You do remain liable so far as the Mortgage company is concerned - but there is no way that your ex can force you to contribute
If you do not pay then it does NOT mean that you get less of the equity.
Her paying your half of the mortgage is viewed as "occupation rent" for using your half of the house!
I hope that this is of assistance - please ask if you need further details
Clare
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