How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

I have left the marital home. My husband wants me to pay half

Customer Question

I have left the marital home. My husband wants me to pay half towards the mortgage and building insurance. Our three children are over 18. Do I have to make this payment?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Is the property in joint names?
Customer: replied 3 years ago.

Yes, the house is in joint names.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much do you each earn?
Claire
Customer: replied 3 years ago.

The house is worth approximately £260,000. There is roughly £60,000 outstanding on the mortgage. I earn £18276.00 a year but that is set to change as I'm going back to work full time next week so potentially I think that I will be earning about £30,000 a year. At present my husband is unemployed. He is a teacher and was made redundant in October. He received a £20,000 pay off of which there is approximately £13,000 left.. He is not receiving any benefits. There are no other debts.

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay.
Is there any reason why the house should not be sold immediately?
Claire
Customer: replied 3 years ago.

My husband is refusing to sell the house as he wants to keep it as a base for the children even though they are all over 18. Could I force him to sell?

Expert:  Stuart J replied 3 years ago.


You
do not have to pay the bills, or the mortgage of a house that you do not live
in although you remain liable to the lender if he stops paying.

It
appears that he wants you to pay half of the mortgage while he continues to
live in the property.



Of
course he does! That is a pretty good deal, even though I say it myself.



A
good deal for him that is.



Whilst
he may want a base for the children to come and go when they see him, once they
are over 18, they are out of the equation.



On
these facts if you make an application to court for an order for sale of the
house, it is likely to be granted, and the proceeds then divided.



If
you are divorcing, as your income is considerably greater than his you may be
liable to pay him spousal maintenance, maintenance paid to keep a spouse , as
opposed to children. Although most commonly paid from husband to wife, that is
not necessarily the case. Spousal maintenance is the based on both incomes,
ability to earn money, previous lifestyles and most importantly, need. There is
no exact formula, but these links will give some reading..



http://www.pannone.com/media/articles/family/family/spousal-maintenance-how-much-and-for-how-long





and





http://www.familylawweek.co.uk/site.aspx?i=ed33597





and







http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html





Please
bear with me today because I will be online and off-line



Can I help further?



The next
part is really important for me:



Please
don't forget to positively rate my answer service (even if it was not what you
wanted to hear) and I will follow up any further points you raise for free. If
you don't rate it positively, then the site keep your deposit and I get 0 for
my time. If in ratings you feel that you expected more or it only helped a
little, please ask me for further info before rating me negatively otherwise I
don't get paid at all for my time and answer.

The thread remains open, it does not close. Thanks

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Expert:  Clare replied 3 years ago.
Hi
Although technically you remain liable to the mortgage company your ex cannot force you to contribute towards the mortgage since you are not living at the property.
You do indeed have the power to force the sale of the property - either using Property Law - or as part of the Financial side of Divorce Proceedings
Spous emaintenance is not a likely option in this case
Claire
Customer: replied 3 years ago.

Divorce proceedings have not been started and my husband has said he is no hurry to divorce. What is the Property Law pathway?

Expert:  Stuart J replied 3 years ago.
You can either apply to sell the house as part of the divorce proceedings, or simply on the basis that you are a joint owner of the house and you do
not want to have it any more, just the same as any other joint owner who was
not married, who wants their money out of the house bought jointly with anyone
else

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice