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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14276
Experience:  I have been practising for 30 years.
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I havw a mortgage with my ex wife and have been paying all

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Hello i havw a mortgage with my ex wife and have been paying all mortgage while i been renting elsewhere for me to live as we seperated. Its got to the point where i can't afford to pay all the mortgage and have asked her to pay half but she is refusing am i in the wrong
Assistant: Where are you? It matters because laws vary by location.
Customer: Essex
Assistant: What steps have you taken so far?
Customer: Well only spoken to my ex wife about struggling with money
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Just where i stand with law i havent said i wouldnt pay i just cant afford all of mortgage only half

Good morning. I will assist with your question - be aware this is an email not chat service and therefore i maybe delayed in replying.

how long were you together and married in total?

who's name(s) on mortgage?

why do you think you need to pay any of the mortgage as you are not living there?

any children under 18?

is she able to pay the mortgage/bills on her own?

Customer: replied 2 months ago.
Was married for 20 years have 1 child under 18 shes 16. Both of our names arw on mortgage. She has told mw its the law to pay all the mortgage because of my child. Yes she can afford to pay it on her own

A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.

In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.

The problem of course is that if she doesn’t pay, it will affect both of your credit histories.

What she is saying about it being the law to pay all the mortgage is a complete on or to load of rubbish. It’s something she has plucked out of midair or one of her cronies has come up with the fanciful idea.

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 2 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks so much for your help