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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16049
Experience:  I have been practising for 30 years.
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My husband moved out 7 months ago and I have stayed in the

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Hello, My husband moved out 7 months ago and I have stayed in the family home with our 7 yr old son. He is now wanting me to buy him out or sell the house. I am self employed and have been affected financially by Covid so I am unable to buy him out at present. Is there a way we could stay in the house until I know what is happening financially and without him putting pressure on me? Thank you
JA: Where are you? It matters because laws vary by location.
Customer: I am in Pudsey, Leeds
JA: What steps have you taken so far?
Customer: Nothing yet. We agreed that I would stay in the house as he is renting somewhere although I appreciate that this can not continue indefinitely.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Only that my husband will not discuss anything.

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

how long have you been together and married in total?

are you main carer for your son?

and who's name(s) on mortgage?

who pays?

you are unable to remortgage to pay him his share?

can you afford to pay mortgage bills etc alone?

Customer: replied 4 days ago.
Thank you.
We have been married for 11 years, 12 years in October and together for 14 years.
I am the main carer for our son
It is a joint mortgage
My husband paid for the mortgage over the past 7 years (it was 50/50 before then) and I paid for food, childcare etc and also contributed £400 a month to the joint bank account over past 7 years. Although since he moved out I have been paying his rent as I was desperate for him to go.
I can afford to pay the mortgage etc alone but unable to remortgage at present.
Customer: replied 4 days ago.
Also, our son is adopted and does not deal well with change so we really do want to stay in the house.

The news is probably better than you expected.

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 unless there is a large amount of equity in the property you could probably stay in it for another 11 years.

So if your husband wants you to buy him out sooner, rather than later, he either takes a much lesser amount now all weights another 11 years.

Meanwhile, 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.

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.


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