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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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Me and my husband seperated in March 2019, he moved out of

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Me and my husband seperated in March 2019, he moved out of the family home back to his Mum's house. we have a 6 year old son who lives with me full time. up to now he pays half the mortage and child maintenance. He now wants me to sell the house, or buy him out. i dont want to do that right now, as with the current Covid situation in order to get a proper valuation on the property it would mean people coming in and out of the house. do i have to sell the house on his terms? or can i do it when i feel is appripriate?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: nothing as of yet
JA: Have you talked to a lawyer about this yet?
Customer: no, all was well, up until last week when he sprung this onme
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Good afteroon. I will assist with your question - be aware this is an email not chat service.

are you divorcing?

how long were you together and married in total?

who's name on mortgage?

are you able to pay mortgage and bills alone?

estate agents are abiding by the social distancing guidelines - is this still a problem?

Customer: replied 1 year ago.
We haven’t started divorce proceedings as of yet, as we haven’t been separated for the 2 year requirement.
We were married for 5 years and together for 7.
Both names are ***** ***** mortgage.
I don’t want to sell the house, I would like to buy him out, but he is asking for an amount based on what zoopler say, and not what the house would truly sell for.
At this moment in time I don’t want people in and out of my house, like estate agents and house surveyors
Customer: replied 1 year ago.
I could afford the bills and mortgage on my own

Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.

Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold. So it’s unlikely to be on the cards.

Here’s responsible for child maintenance at the CMS rates which are here

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

There is a possibility of a liability for spousal maintenance, maintenance paid to keep a spouse , as opposed to children. Although most commonly paid from husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most importantly, need. It is not about equalising incomes. There is no exact formula, but these links will give some reading..



And here is an interesting and informative article with regard to the division of finances in general (don't worry about it no longer being updated)

And finally, here is an article what happens to inheritance in the event of a


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.

So your husband has no liability to pay the mortgage or the bills if he does not live in the property.

Finally, apart from child maintenance, the courts will not get involved in marital finances unless it as part of an application for the Financial Order within a divorce.

Can I clarify anything else for you?

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

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

Best wishes.


Customer: replied 1 year ago.
If my husband doesn’t pay half the mortgage, does he have a right to half the equity of the house upon selling, or just for the period of which he paid?

All that is liable to be taken into account is the capital repayment element of the mortgage because the interest is payable for the benefit of living in the property. Your husband has no benefit from that but any capital repayment leading to a reduction in the balance or comes down in your favour.

F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for that. If I have any further questions, or updates do I just come back to you?