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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10225
Experience:  I have been practising for 30 years.
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Just split with girlfriend and we have a mortgage together.

Customer Question

Just split with girlfriend and we have a mortgage together. She's moved out well waiting to sell the house. Is she required to pay her half of bills and mortgage if she is not living there ?
Submitted: 1 year ago.
Category: Family Law
Expert:  F E Smith replied 1 year ago.

Unfortunately, she is not liable to pay the mortgage within the finances of the relationship in respect of a house if she is not living in the house. You have the benefit of living in the property and hence you have the burden of paying the mortgage.

If you don’t pay the mortgage however she does remain liable to the lender who will chase you both for repayment on the basis that you are jointly and severally liable for the debt..

You are entitled to have the cost of any improvements or capital repayment on the mortgage which you make after you split up, taken into account if the house is eventually sold.

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Best wishes.