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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35046
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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My estranged husband is moving out of the family home. I have

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My estranged husband is moving out of the family home. I have three daughters, aged 25, 27 and 17 The 17 year old is at sixth form college while the other two are working. The mortgage each month is £1430. The rent where my husband is moving to is £1,100
The older girls give me £250 each. My husband wants to pool the mortgage, his rent, both utilities and the poll tax into one account. The total of that is £3160 of which he wants to contribute £1,600 out of his £3,600 salary and I conribute £1,530 out of my £2,500 salary.
He has not taken into account my monthly food bill and our younger daughters education.
From what I can see this pool accoount is covering his outside bills and not his half of the mortgage or our daughters education. I wanted him just to pay his half of the mortgage and something towards our youngest daughter. At the moment there is not enough equity to sell and buy two properties. What are my rights?
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 house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what is your husbands gross income?
Customer: replied 3 years ago.
Hi Clare and thanks for you response.
I think the house is worth about £350,000 and we owe £190,000 aprox. We have no other assets but have credit cards and car bills. His car is on finance. I do not know his gross but he nets £3600 ( long term temp contract which is paid by the hour) I net £2550. We are aged 53 and 54 and have been married for 28yrs but have lived in separate parts of the house for the last year and a half. Over the last five years he has left the family home twice and I have paid all the bills. While he has been back he only pays half the mortgage and nothing else.
I hope this information will be of some assistance to you
Kind regards
How long do you wish to stay in the house if you can?
Customer: replied 3 years ago.

At least until our daughter finishes uni She has one more year to finish her A levels then she hopes to go to uni after that so I am looking at three years minimum
Can you cover the outgoings from your income (including the mortgage)
Customer: replied 3 years ago.

Hi Clare
Sorry about the delay the internet was down.
Utilities total £858 which includes £400 food shopping £250 gas and electric combined. £102 rates £54 water rates etc
Personal bills total £948
Which include £250 for my church tithes £236 for 4 credit cards which are not being used £120 cable phone and internet combined £57 car insurance and £93 for my youngest daughters and my mobile and iPad
The mortgage as I said is £1445. My two older daughters give £300 each
All these bills bar the mortgage I have been paying by myself over the past three years.
Sorry 0 is that yes you can also cover the other half of the mortgage if need be?
Customer: replied 3 years ago.

With a struggle but yes. If he at least gave me maintenance it would be helpful if not I will get by. I will just have to adjust things like the cable etc
So long as your daughter is under 18 there is no chance of your ex forcing a sale of the property.
Equally so long as she is in Secondary education he has to pay maintenance at 12 % of his GROSS income (at most)
He does not have to pay the mortgage on a property he does not live in - but equally his suggestion of "pooling" expenses is frankly not sensible
The area where you need to be flexible is with regard to your wish to delay the sale until your youngest is 21
You could negotiate with him using Family mediation ( pointing out that if he agrees NOW to delay the sale until then he can save the costs of a court application - which could easily drag on for two years or more anyway
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thank you Clare that was most helpful. Just one question
If I was to stay in the house for the next three years and he did not contribute to the mortgage, how would that impact on the sale? Could I take what I paid in on the final settlement?
Given the circumstances I would expect the eventual outcome to be a 60/40 split of the equity in your favour - but there will have to be some negotiation around that - and of course you need to remember that you have been paying the mortgage- but he has been having to pay rent
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

One last question before I rate you. Once he moves out this weekend, would I be entitled to change the locks.
Sadly I am afraid not - as a joint owner he is entitled to have a key
Customer: replied 3 years ago.

Dear Clare
Thank you for your help in my situation Your information has given me some peace of mind so that I do not feel rail rolled into what he wants, especially as he has a law degree and intimidated me with it. I feel a little stronger so that I can stand up to him and argue my case.

Thank you once again
You are most welcome - I hope all goes well?