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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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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: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Is the property in joint names?
Customer: replied 4 years ago.

Yes, the house is in joint names.

Expert:  Clare replied 4 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 4 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 4 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 4 years ago.
Hi
My apologies for the delay.
Is there any reason why the house should not be sold immediately?
Claire
Customer: replied 4 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 4 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:



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The thread remains open, it does not close. Thanks

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
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 4 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 4 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 4 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