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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35087
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 husband has moved out. We have a mortgage on the house my

Customer Question

My husband has moved out. We have a mortgage on the house my children and I are living in. Does he have to pay half the mortgage?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 house worth and how much is outstanding on the mortgage and what other assets are there
What income do they each have?
Customer: replied 3 years ago.
The house is worth 380k there is 280k outstanding.
No other assets.
I earned 55k last year and he earns around 650 per week as a taxi driver.
The mortgage repayments are 1550 per month.
We have 2 children and he says he is only going to give me 100 per week.
Expert:  Clare replied 3 years ago.
How old are the children?
Customer: replied 3 years ago.
10 and 8
Expert:  Clare replied 3 years ago.
I am afraid that the sum he quotes is in line with the basic rate for child maintenance - you can check the figures here
Since you are living in the property and he is not then you cannot force jim also to pay towards the mortgage.
However the fact that he does not do so will strengthen your chances of achieving a 60/40 split in your favour when the house is eventually sold
Sorry to give such bad news - please ask if you need further details