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ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
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due to problems in our relationship - my wife kept asking me

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due to problems in our relationship - my wife kept asking me to leave the matrimonial home - after 6 months of this I decided to pack my bags and I moved out to live with family. I continued to pay for the mortgage and bills by adding £2000 to the joint account. after 4 weeks she asked me to come pack - I decided not to as I believe more arguments would of happened which is not healthy for anyone including our 3 children. we have now been separated for 3 months. both of our cars were in her name and after her car kept breaking down she took my car which I need for work even though I have paid out approx. 1000 for her car to be repaired. I know have use to her car but also worried this could be taken off me at any point. I know need to buy a new car as this is a 7 seater and notpractical for my work. I also need to find somewhere to live - she wont sell the house - but I see that as the only option - due to both of us being being in an iva - the only way I can buy a car is with my wages which means I will not be paying mortgage, bills etc. - what should I do?
My name is Mac. I can help you with your question. First I need a bit more information:
1. when did you marry?
2. if earlier than the above, when did you start living together?
3. are there any children? (If so, how old?)
4. what is the value of the house (and any mortgage)?
5. what is the total value of the other assets you and she hold (a total value rather than individual values is fine)?
6. what is her income (after tax)?
7. what is your income (after tax)?
8. do either of you have any pensions?
Sorry to ask for so much information, but I want to give you a full answer.
Customer: replied 3 years ago.

1. may 2008

2. august 2006

3. 3 girls 6, 2 - 3 in august, 1 - 2 on Friday.

4. value of house 275,000 - mortgage outstanding 212,000

5. 4,000

6. she no longer works

7. my payslip shows approx. 650 pcm - I have my own company which I am a director of - I normally take drawings of 2000 pcm

8. no pensions

Thanks. How much is the mortgage costing each month?
Customer: replied 3 years ago.


I have presumed that you wish to divorce, but please let me know if that is incorrect.
There is no quick way of forcing her to sell the house. A court can make an order to sell the house in the context of divorce proceedings, but this would generally happen either by agreement or, in the absence of agreement, at a final order made at the end of the financial proceedings - which could be a year away if you started a divorce now.
If you stop paying the mortgage and she received legal advice, she would be advised to make an application for interim maintenance and would almost certainly get it - the Court will be concerned to ensure a roof is maintained over the children's heads, and will prefer not to disturb the status quo until the finances have been properly investigated.
As both cars are in her name, she is legally entitled to either of them. As things stand, you could not even sell the 7-seater without her cooperation.
It's a bleak situation but you need to look at the end goal in the longterm rather than immediately. Ultimately the house would be sold if you could show that a cheaper solution would provide sufficient housing for her and the children as well as for you.
I hope that is helpful - although not what you wanted to hear, I expect.
Customer: replied 3 years ago.

so if I decide to not pay the mortgage or bills - would what be the likely outcome on my side - I understand no definite answer can be given here but just a guide as I obviously require somewhere to live myself.

I am presuming by interim maintenance - you mean child maintenance from myself ?

thank u

If you stopped paying the mortgage (or other major bills), I would expect her lawyer to go to Court and obtain an order for interim maintenance.
By interim maintenance I mean a monthly payment to support her and the children pending the outcome of the divorce proceedings. I would expect the amount to be what is needed to keep the house running during that period (which would include the mortgage payments if you were not making them directly).
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