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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Im in the process of divorcing my husband. He remains working

Customer Question

I'm in the process of divorcing my husband. He remains working part time and in the marital home with our three children.
At present he pays the mortgage and I pay a secured loan on the property as well as his mobile phone costs.
I struggle to pay the secured loan as I am renting a house.
Am I liable for the second mortgage? I have no access to the house and have removed no property from the house.
I am more than happy to pay child maintenance for my children but as it stands his income with his benefits plus the £550 a month I give him are far greater than my £1350 a month income
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question I shall do my best to assist you but I need some further information first.
What was the secured loan used for?
How much are you actually paying?
Customer: replied 4 years ago.
At present I pay £430 a month for the loan and £80 for phone bill
The loan was used for general living expenses at the time. There were no assets purchased. My soon to be ex continus to live in the horse and I have no access to the property, I also have taken nothing from the property.
My soon to be ex only euros part time since being made redundant although he has the capability of working more hours. He claims child tax credit, working tax credit, child benefit as well as his salary plus the money i pay to the loan
Expert:  Clare replied 4 years ago.
May I ask why you are paying his phone bill?
Customer: replied 4 years ago.
When we separated over two years ago initially I was paying the household bills and he was paying the mortgage and loan. A year ago I put the household bills into his name , utilities, sky, council tax he said he couldn't afford the phone and that was the only method of communication so I continued to pay it and took on the loan payment
Expert:  Clare replied 4 years ago.
How much is the house worth and how much is outstanding on the mortgage and the loan.
How old are the children?
Customer: replied 4 years ago.
The house is worth aprix £160000 mortgage outstanding is approximately £130000 with the loan outstanding about £20000
The children are aged 11,9 and 8
Expert:  Clare replied 4 years ago.
May I just check - what contact are you having with the children and are you content with the current arrangements (other than the finances)
Customer: replied 4 years ago.
He is very obstructive with regards to access to my children. I work shift work for the ambulance service so there are no set times.
He allows me to have them on my weekends off aprix 1 a month and will allow me to collect them once a week from school but not overnight. cAFCASS are currently dealing with access as I'm trying to have them for 2 nights a week on my days off including school nights.
He refuses to share any information the children bring home from school, he doesn't tell me about meetings or events the children are taking part in.
Expert:  Clare replied 4 years ago.
I hope that goes well - it is always useful to provide the school(s) with a set of stamped addressed envelopes so that they can send you copies of all notes home.
So far as the financial side is concerned you are liable for both the mortgage and the loan so far as the mortgage and loan companies are concerned.
However the fact is that your ex is living in the property and it is more important for him that the loan is paid since he is the one living in the property.
I woudl suggest that you inform him that in future you will be paying him child maintenance (16% of your gross income) and that he can pay the loan from that if he wishes.
I hope that this is of assistance to you - please ask if you need further information