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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have left the marital home. My husband wants me to pay half

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I have left the marital home. My husband wants me to pay half towards the mortgage and building insurance. Our three children are over 18. Do I have to make this payment?
Is the property in joint names?
Customer: replied 5 years ago.

Yes, the house is in joint names.

How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much do you each earn?
Customer: replied 5 years ago.

The house is worth approximately £260,000. There is roughly £60,000 outstanding on the mortgage. I earn £18276.00 a year but that is set to change as I'm going back to work full time next week so potentially I think that I will be earning about £30,000 a year. At present my husband is unemployed. He is a teacher and was made redundant in October. He received a £20,000 pay off of which there is approximately £13,000 left.. He is not receiving any benefits. There are no other debts.

Customer: replied 5 years ago.
Relist: Incomplete answer.
My apologies for the delay.
Is there any reason why the house should not be sold immediately?
Customer: replied 5 years ago.

My husband is refusing to sell the house as he wants to keep it as a base for the children even though they are all over 18. Could I force him to sell?

do not have to pay the bills, or the mortgage of a house that you do not live
in although you remain liable to the lender if he stops paying.

appears that he wants you to pay half of the mortgage while he continues to
live in the property.

course he does! That is a pretty good deal, even though I say it myself.

good deal for him that is.

he may want a base for the children to come and go when they see him, once they
are over 18, they are out of the equation.

these facts if you make an application to court for an order for sale of the
house, it is likely to be granted, and the proceeds then divided.

you are divorcing, as your income is considerably greater than his you may be
liable to pay him spousal maintenance, maintenance paid to keep a spouse , as
opposed to children. Although most commonly paid from husband to wife, that is
not necessarily the case. Spousal maintenance is the based on both incomes,
ability to earn money, previous lifestyles and most importantly, need. There is
no exact formula, but these links will give some reading..



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James Mather,
Category: Law
Satisfied Customers: 22629
Experience: Senior Partner at Berkson Wallace
James Mather and other Law Specialists are ready to help you
Although technically you remain liable to the mortgage company your ex cannot force you to contribute towards the mortgage since you are not living at the property.
You do indeed have the power to force the sale of the property - either using Property Law - or as part of the Financial side of Divorce Proceedings
Spous emaintenance is not a likely option in this case
Customer: replied 5 years ago.

Divorce proceedings have not been started and my husband has said he is no hurry to divorce. What is the Property Law pathway?

You can either apply to sell the house as part of the divorce proceedings, or simply on the basis that you are a joint owner of the house and you do
not want to have it any more, just the same as any other joint owner who was
not married, who wants their money out of the house bought jointly with anyone