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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I am separated from my wife who is in a new relationship, she

Customer Question

I am separated from my wife who is in a new relationship, she lives in our house with my 12 yr old daughter and her 2 adult step daughters. I currently pay all the mortgage and previously my father gifted us the deposit. I am living rent free (which is the only reason i can pay all of the mortgage on the marital home) with my parents and providing some care to them. I work as a manual labourer full time. What are my rights re the property?
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 property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Customer: replied 3 years ago.

Hi Clare,

By the way I am now writing on behalf of my brother as he doesn't have email access.

His and his wife's home is worth £133-£135,000.

He will find out how much is left on the mortgage.

Their mortgage is £950 per month- he pays all.

They have lived there for about 5-6 years

They both have a car - their only assets.

My brother has a debt of £7000 unpaid taxes from when he was self employed.

His wife has credit card debts of £2000- 3000.

They both earn about £22,000 before tax.

Sorry I cant be more specific about the details - they are both rather disorganised.


Customer: replied 3 years ago.

Hi Clare, i have answered your questions as best i could in my previous ie 2nd email. I look forward to your answer.


Expert:  Clare replied 3 years ago.
My apologies for the delay
I do need to know how much is outstanding on the mortgage - and may I ask why your brother feels that he needs to pay all the mortgage?
Customer: replied 3 years ago.

Hi Clare

I will let you know when my brother lets me know the outstanding amount on the mortgage.

He feels responsible as he raised the 2 step daughters now in their 20's. The mother has different priorities from him, eg she has reneged on paying the mortgage to buy driving lessons & a car for her older daughter. Both daughters work but spend their money on their lifestyle, only occasionally helping with food & bills.

The wife feels justified in having him pay the mortgage because he does not need to pay rent at our parents. ie that he can afford to. My brother was never able to set limits with her, but also he wants to ensure his child age 12 remains in the family home near her school, so he does not want to lose the house.

He is not paying child support & they are not yet divorced.



Expert:  Clare replied 3 years ago.
Hi Virginia
he is clearly a nice man - and it may fall to you to be the one who tries to make him be realistic I am afraid
When he gives you the mortgage figure can you also just give me an idea of how much a cheaper two bedroom property in the same school area would cost to buy