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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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I am seperated from my wife and looking to divorce. We have

Customer Question

I am seperated from my wife and looking to divorce. We have a joint mortgage to which I pay over half each month. I no longer live at the property and havent done for 7 months. What are my legal obligations towards maintaining the property or paying for repairs to the property?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
There is no legal obligation on you to pay towards the maintenance of the property. It is probably in your interest to insure that the building does not fall down (an extreme example) as you have an obligation to ensure the banks security is not effected.
If you are just talking about painting and decorating and general repairs then there is no obligation on you to do them or pay for them.
If your wife does pay for all the repairs this may potentially be taken into account when any financial settlement is reached in relation to the marital assets.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

As a follow up point.

Can you confirm if there are any children living in the property?

Kind regards

AJ
Customer: replied 3 years ago.


Yes 2. One is 17 and the other is 10.

Expert:  Alex J. replied 3 years ago.
Hi,

Many thanks.

Have you commenced any divorce proceedings yet?

Kind regards

AJ
Customer: replied 3 years ago.

No not yet

Expert:  Alex J. replied 3 years ago.
Thank you.

As a property issue there really is no obligation on you to do anything other than protect the banks security if you have a mortgage.

If your wife is forced to maintain the property for the benefit of her and your children this may become relevant for any financial settlement that is made.

Kind regards

AJ