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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Hello I have been separated for 1 1/2 years but continued living

Customer Question

Hello I have been separated for 1 1/2 years but continued living in the same house since we split up due to finances. We owned the house together but paying mortgage since 2008 with 25 more years to go.

We have a 5 year old daughter too who will be staying with me. He is moving out next week but he is walking out and will not be paying his share of the mortgage or a penny to contribute towards the payment.
Luckily I have found someone to live here and pay his share. But he feels he still has the rights on the house. What is his entitlement?
Can he legally do that? and still have the right to claim his money once we sell our place in the future? Also can he legally walked out of the house and take items with him without my consent... is that considered theft? can I report that to the police?

Regarding the mortgage do I document what the current value of this property is and he gets his share of the current value once we sell?

What is the cheapest option for me to put things in writing and cover myself ? he is also starting a business and he may go into some debt, now unemployed and doing the business he is starting only, so I need to cover myself and my daughter what is the quickest and affordable way to separate things between us and divorce asap?

There are no assets apart from the car and the house. He has private pensions some shares sold so he has the cash with him but we are talking about 10K in his bank.

Please let me know what is the quickest way out and my entlitement. Thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there (including pensions) and what income do you each have?