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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34473
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am separating with wife we have house with mortgage on

Customer Question

hi I am separating with wife we have house with mortgage on it we have around 100,000 owing and worth 135,000
we have daughter 16 at school she is moving with me.
maint hing bothering me is house for sale we will split the left over mionies 50-50 but she has told me today I have to pay 2/3 of the bills and mortgage until we sell but wont get any of it back .I told her I want to pay half of everything only.her solicitor has advised I earn more so have to pay more ?is this correct should I pay more or half and can I get some extra monies back after the sale
after all she forced the separation by sleeping with someone else which she now denies
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Who is living in the property at the moment?
Clare
Customer: replied 2 years ago.

me and wife and daughter whos 16 at school.daughter is moving with me when we leave

Customer: replied 2 years ago.

theres me my 17 year old daughter and thre ex wife

Expert:  Clare replied 2 years ago.
Hi
How much do you each earn?
Clare
Customer: replied 2 years ago.

i earn about 440 week she earns about 250

Customer: replied 2 years ago.

she earns 250 week i earn 400 ish

i have car loan as well she doesnt

Expert:  Clare replied 2 years ago.
Hi
Can you afford to buy her out of the property?
Clare
Customer: replied 2 years ago.

no i am selling property and we are splitting whats left

Customer: replied 2 years ago.

she has rold me i hjave to pay 2/3 of all billss till it sells but i wont get more oif the proceeds from the sale which seams unfair

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you cannot force her to pay more than she wishes - and given that her earnings are less than hers then her suggestion is not unreasonable.
I am sorry I know that this is not fair - but there is no way of resolving this - the Court would see this as a viable solution in the short term
Please ask if you need further details
Clare