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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I have separated and he moved out about a month

Resolved Question:

My husband and I have separated and he moved out about a month ago. I am unclear how I stand on the mortgage, its in joints names he doesn't want to pay it as he's no longer living in the house, but the mortgage company wont sign it over solely to me as I don't own enough a year. we have two children so don't want to move as its close to school and my work unsure what else I can do?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
How old are the children?
Clare
Customer: replied 3 years ago.

think the house would be worth between 130/140 thousand not sure but seem to think he re mortgaged a few years ago and there's 90 thousand.my income is 12 thousand plus additional working tax credits a year he's about 26 thousand a year, the children are 10 and 6, no other assets.

Expert:  Clare replied 3 years ago.
Hi
Is the house owned in joint names?
Clare
Customer: replied 3 years ago.

yes were both on the mortgage.


 

Expert:  Clare replied 3 years ago.
Hi
What money is your ex paying you?
Clare
Customer: replied 3 years ago.

none

Expert:  Clare replied 3 years ago.
Hi
Your ex cannot force you to remortgage or sell the property until your youngest child is 18 (unless you cohabit in the mean time)
When the house is sold I would expect you to receive at least 60% of the equity
In the mean time he should be paying Child Maintenance at roughly 16% of his GROSS income
You should try and discuss matters with him using Family mediation (www.familymediationhelpline.co.uk) to arrange the details
If not then you will have to apply to CMEC (the new CSA)
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you ,he pays the full mortgage amount each month at the moment and still has a key to the property do I need to be contributing to the mortgage now he's no longer living in the property and can I change the locks or request he gives the keys back.

Expert:  Clare replied 3 years ago.
Hi
How much is the mortgage payment?
Clare
Customer: replied 3 years ago.

the monthly payment is currently £445.36

Expert:  Clare replied 3 years ago.
Hi
So long as he is paying the mortgage that will stand instead of maintenance
I am afraid that he is entitled to retain a key until the final negotiations have been concluded
Clare
Customer: replied 3 years ago.

sorry last question, I am worried that when he realises he still has to pay the mortgage he might turn round and say that he'll move back in, would I have to let this happen?

Expert:  Clare replied 3 years ago.
Hi
Unless he is violent you may have to do so for a short while until the financial side of the divorce is sorted.
However you could suggest that he pays you child maintenance instead and you take over the mortgage
Clare
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