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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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I have applied to divorce my husband under irreconcilable

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I have applied to divorce my husband under irreconcilable differences. Currently he has moved into a friends house but I am paying all of the rent, household bills etc on my own even though the tenancy is in both our names. We cannot get out of the tenancy until Feb 16.
Is it right that he does not have to pay anything now he has moved out?
We sold our own home last year and didn't buy anything. My husband also had a substantial lump sum from his first marriage which he has in a private account.
Submitted: 12 months ago.
Category: Law
Expert:  F E Smith replied 12 months ago.

I’m afraid that what you have been told is correct. He is not responsible for the mortgage or rental of a house within the finances of the marriage if he is not living in the house.

He may be liable for spousal maintenance and of course for any child maintenance if you have any dependent children under aged 18.

As the tenancy is in joint names, if you don’t pay the rental for which you are now liable as the sole occupier,, the landlord will also look to him for the rent so he does remain liable to the landlord. He doesn’t get off the hook by simply moving out.

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FES.

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