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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12416
Experience:  I have been practising for 30 years.
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My husband and I have separated. I remain in the film

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My husband and I have separated. I remain in the film
Assistant: Where are you? It matters because laws vary by location.
Customer: My husband and I are separated. I remain in the family home with 2children from the marriage aged 3yrs and 6yrs. My husband's name is ***** ***** name on Mortgage document and deeds. he continues to pay the mortgzge
Assistant: What steps have you taken so far?
Customer: But wants me reimburse himevery month. He then periodically puts £200 in accou t for. Hildrens upkeep. If he refusee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: He refuses to keep on paying mortgage and Universal credit will not allow me that sum as i am a student. Can he force me to sell the house.

Good afternoon. I will assist with your question but need more info first - also this is an emails service and therefore maybe delayed in replying.

how long have you been together and married in total?

are you going to divorce?

how long has he been gone?

does he work?

Customer: replied 5 months ago.
I have been mzrried for three years and together for a total of 9 years. We have discussed divorce proceedings and have agreed to wait the statutory 2 years. He left the marital home in July 2018. Yes, he is in full time employment as a time served mechanic for BT fleet. He also has regular contact with the children including alternate weekends overnight.
Customer: replied 5 months ago.
I would ask to please give me a brief reply as my phone has no credit.

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.

Can I clarify anything else for you?

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

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


F E Smith and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you so much for that it was extremely helpful and informative. Can we keep this line communication open. As I would value a telephone call, at the agreed fee, if I require any further clarification. Thank you again.