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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have recently separated from my wife of 9 years. We have

Customer Question

I have recently separated from my wife of 9 years. We have 3 children to which I pay csa payments for monthly. We are currently going through a divorce. The mortgage is in my sole name not in hers and I lived in the house sometime before I met her. I currently pay all the mortgage, all the loan payments she got me to take out plus the credit cards she built up, CSA payments and I have our children 50% of the time also!! can I charge my soon to be ex wife rent as she has never paid any mortgage payments, loan payments or credit card payments nor any up keep of the house!
I know I have a duty to home my children which I do 50% of the time myself but I'm struggling to live paying all her bills also.

Many thanks, XXXXX XXXXX your reply

Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.

How long have you been together altogether?

How old are children? What is house worth and how much mortgage?

Who is living in the house?

What do you both earn?

Customer: replied 5 years ago.
Together 9 years
Children 3,7,8
My soon to be ex wife and (children 50%) as they live with me 50%
My salary £1900 take home monthly
She is self employed but has recently cut down most of it. Last years accounts were less than £10,000 and this year will be too
Customer: replied 5 years ago.
Relist: Answer came too late.
Expert:  James Mather replied 5 years ago.

I am afraid that this is not an instant
service so sometimes you will get a response in minutes and sometimes it will
be hours. We all have clients and court and other users and travelling and
weekends etc.

Your STBEx lives in the house?

What is it worth?

What mortage?

Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
I am afraid that you will not be able to charge your ex rent despite her lack of contribution to the mortgage etc
You have two options (neither of them wonderful I am afraid)
The first is to stop paying the mortgage - when your ex makes a fuss suggest that she pays it using your maintenance. I appreciate this has consequences for your credit record
The second is to issue an financial application within the divorce proceedings and ask for an urgent hearing to resolve who should be paying what