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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 17598
Experience:  I have been practising for 30 years.
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I have moved out of my marital home on 5th September and

Customer Question

I have moved out of my marital home on 5th September and wondered if I still needed to pay towards the mortgage? The mortgage is in my husbands name only, but I have been paying at least half towards the mortgage up until and including the 1st September.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no, we was still going to try and salvage our relationship, but we haven’t managed to see each other without arguing about money as per usual.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: No, but I live in Waltham Forest
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I’d like to know where I stand with rights to the house if we were to separate?
Submitted: 18 days ago.
Category: Family Law
Expert:  F E Smith replied 18 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long were you together and married in total?

any children under 18?

why have you been paying towards the mortgage?

are you wishing to divorce and settle the financials?

Expert:  F E Smith replied 17 days ago.

Let me answer you as far as I am able at present.

A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.

In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.

So you are not responsible within the marital finances. You actually have no liability to the lender if the property is in your husband’s sole name.

Further, your financial interest is exactly the same whether it’s in your name, his name, or joint names.

It might also be of interest to you but if you move out, for whatever reason, it doesn’t make any difference to your financial interest or whether you are entitled to have or see children or not. The court does not apportion blame any more.

The only thing that happens of course, if you do move out, and the property is to be sold, is that you lose an element of control over that sale.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES