A person is not responsible for the mortgage or the bills of a house that they do not live in although if their name is ***** ***** mortgage, they remain liable to the lender.
So the only person that liable to the lender is your husband but within the marital finances as you remain in the property, you are liable to repay him.
He has no benefit from the property and therefore, within the marital finances, he is not responsible for the mortgage.
If you are getting divorced, you may be eligible for spousal maintenance but that’s a different issue and would only apply within the divorce proceeds.
However soon he leaves he is liable for child maintenance at CMS rates. which are here
Do read the whole document but the basic rates start at the top of page 18.
If he is sporadic with his payments for child maintenance, refer the matter to the Child Maintenance Service is due can because they will not backdate claim before you actually refer it to them.
Your husband may think that he is being shrewd by having just his name on the deeds but it doesn’t matter whether the houses in one name or joint names, your financial interest in it is exactly the same. What you need to do however is make sure that he doesn’t sell it or remortgage it from underneath you.
A non-owning spouse needs to immediately register a Matrimonial Home Right Notice against the property.
It will stop the other spouse spouse selling or remortgaging the property.
The form to send to the land registry is here:
the owning spouse spouse will get notice of the application but cannot do anything about it if this is the matrimonial home.
The application is free. Do it now. He cannot do anything about it.
It is the matrimonial home and it doesn’t matter whether it’s in one sole name or the other sole name or joint names, each spouse has the same financial interest in it.
The name on the deeds is irrelevant if the couple are married. It may not necessarily be 50-50 because that depends on a whole variety of different facts such is the needs of the parties, the length of the marriage, needs of children et cetera.
You can get married after two 2 separation if you both agree or 5 years if you don’t agree or unreasonable behaviour if there is indeed unreasonable behaviour. Putting together a divorce petition for unreasonable behaviour is not generally that difficult.
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