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 ExperiencedLawyer Your Own Question

ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
Type Your Law Question Here...
ExperiencedLawyer is online now

due to problems in our relationship - my wife kept asking me

Resolved Question:

due to problems in our relationship - my wife kept asking me to leave the matrimonial home - after 6 months of this I decided to pack my bags and I moved out to live with family. I continued to pay for the mortgage and bills by adding £2000 to the joint account. after 4 weeks she asked me to come pack - I decided not to as I believe more arguments would of happened which is not healthy for anyone including our 3 children. we have now been separated for 3 months. both of our cars were in her name and after her car kept breaking down she took my car which I need for work even though I have paid out approx. 1000 for her car to be repaired. I know have use to her car but also worried this could be taken off me at any point. I know need to buy a new car as this is a 7 seater and notpractical for my work. I also need to find somewhere to live - she wont sell the house - but I see that as the only option - due to both of us being being in an iva - the only way I can buy a car is with my wages which means I will not be paying mortgage, bills etc. - what should I do?
Submitted: 2 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 2 years ago.
My name is Mac. I can help you with your question. First I need a bit more information:
1. when did you marry?
2. if earlier than the above, when did you start living together?
3. are there any children? (If so, how old?)
4. what is the value of the house (and any mortgage)?
5. what is the total value of the other assets you and she hold (a total value rather than individual values is fine)?
6. what is her income (after tax)?
7. what is your income (after tax)?
8. do either of you have any pensions?
Sorry to ask for so much information, but I want to give you a full answer.
Customer: replied 2 years ago.

1. may 2008

2. august 2006

3. 3 girls 6, 2 - 3 in august, 1 - 2 on Friday.

4. value of house 275,000 - mortgage outstanding 212,000

5. 4,000

6. she no longer works

7. my payslip shows approx. 650 pcm - I have my own company which I am a director of - I normally take drawings of 2000 pcm

8. no pensions

Expert:  ExperiencedLawyer replied 2 years ago.
Thanks. How much is the mortgage costing each month?
Customer: replied 2 years ago.


Expert:  ExperiencedLawyer replied 2 years ago.
I have presumed that you wish to divorce, but please let me know if that is incorrect.
There is no quick way of forcing her to sell the house. A court can make an order to sell the house in the context of divorce proceedings, but this would generally happen either by agreement or, in the absence of agreement, at a final order made at the end of the financial proceedings - which could be a year away if you started a divorce now.
If you stop paying the mortgage and she received legal advice, she would be advised to make an application for interim maintenance and would almost certainly get it - the Court will be concerned to ensure a roof is maintained over the children's heads, and will prefer not to disturb the status quo until the finances have been properly investigated.
As both cars are in her name, she is legally entitled to either of them. As things stand, you could not even sell the 7-seater without her cooperation.
It's a bleak situation but you need to look at the end goal in the longterm rather than immediately. Ultimately the house would be sold if you could show that a cheaper solution would provide sufficient housing for her and the children as well as for you.
I hope that is helpful - although not what you wanted to hear, I expect.
Customer: replied 2 years ago.

so if I decide to not pay the mortgage or bills - would what be the likely outcome on my side - I understand no definite answer can be given here but just a guide as I obviously require somewhere to live myself.

I am presuming by interim maintenance - you mean child maintenance from myself ?

thank u

Expert:  ExperiencedLawyer replied 2 years ago.
If you stopped paying the mortgage (or other major bills), I would expect her lawyer to go to Court and obtain an order for interim maintenance.
By interim maintenance I mean a monthly payment to support her and the children pending the outcome of the divorce proceedings. I would expect the amount to be what is needed to keep the house running during that period (which would include the mortgage payments if you were not making them directly).
ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience: I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
ExperiencedLawyer and other Law Specialists are ready to help you

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.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

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