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Category: Law
Satisfied Customers: 473
Experience:  Expert
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If my husband moves out and stops paying his half of our

Customer Question

Hi if my husband moves out and stops paying his half of our joint mortgage is he still entitled to half the equity
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no just talking via solicitors
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Essex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: he abandoned the family home and has not helped financially
Submitted: 11 days ago.
Category: Law
Customer: replied 11 days ago.
He has advised me that he will stop paying his share of any bills and his half of the mortgage from 1st October as he now rents a flat and said he can’t afford to pay it.
Luckily I work and I can pay it in full in order to stop repossession
Expert:  JeremyT1020 replied 11 days ago.
Good morning and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters so I'd be happy to offer some guidance. First and foremost, when is your husband thinking of moving out? How long have you been married? How many years have you got left to pay on your mortgage? Thanks, J
Customer: replied 11 days ago.
My husband moved out in March 2021 and rented a flat nearby. He has continued to pay his half of the mortgage until the end of this month however his solicitors have written to me to say he will no longer contribute to any of the family bills or mortgage from 1st October due to his new financial outgoings
Customer: replied 11 days ago.
We have been together for 14 years, and marriages for 8 years. We have 20 years left to pay the mortgage. We have a son together who is 12 years old and I have a son 17 years old from a previous relationship
Expert:  JeremyT1020 replied 11 days ago.
Thank you for that additional information. He will certainly have to pay some child maintenance for your youngest to contribute towards upkeep. It is possible (and perfectly acceptable if he does have surplus income) to request spousal maintenance. If necessary, you could apply to court for 'maintenance pending suit.'Put simply, he will probably be entitled to half of the equity from the property. I suspect what will happen is that you and your husband will negotiate what is known as a Mesher Order. You remain in the property until your youngest gets to 16 or 18. After that, the house is either sold or you have the option to buy him out. The property would be valued in 4 or 6 years' time and you work out how much equity is remaining. Although the starting point is a 50:50 split of the matrimonial assets, you might say to him that you want to fix his share at 40%. He will invariably argue that you wanted him out of the house, he is having to rent elsewhere and isn't able to enjoy the benefits of his his own home and he wants 50%. How much you pay him in 4-6 years' time (or even now if you could remortgage) will come down to good negotiation on your behalf.I hope that information helps. Please let me know if you need any further assistance. Kind regards, J
Customer: replied 11 days ago.
We both have a good monthly income and I can afford to buy him out 50% of his equity. My question is that he signed a mortgage agreement and he has walked away from a legally binding contract. Our mortgage terms and conditions state that we are both equally responsible for paying it back and we should not take on any other financial responsibility which would stop us from committing or paying it back
Customer: replied 11 days ago.
In our divorce I will be going for a clean break
Customer: replied 11 days ago.
CSA start taking payments from 1st Oct
Expert:  JeremyT1020 replied 11 days ago.
If you're going for a clean break now (and starting divorce proceedings at the same time), the STARTING point for a financial division will be 50:50. It won't make any difference that he's stopping contributing from 1 October.
Customer: replied 11 days ago.
How about he fact that he is not paying the joint mortgage
Customer: replied 11 days ago.
Surely you can’t decide to abandon your family and home and not pay your half of the mortgage during divorce proceedings. What’s the point of the mortgage terms and conditions
Expert:  JeremyT1020 replied 11 days ago.
It makes no difference. You and him are jointly and severally liable for the mortgage. This means that, if one of you stops paying into the mortgage account, the mortgage providers could come after the other party for the entire monthly mortgage payment.He will remain on the mortgage until you remortgage and sign a transfer deed transferring the property into your sole name. Over the next couple or few months, you and him will negotiate on an appropriate figure to buy him out. You may be able to drive a hard bargain and he accepts 30%-40% of the current equity in the property. I suspect his solicitors will argue that you should be remortgaging and paying him 50%. Indirectly, he is contributing towards the mortgage. He will pay you child maintenance which will be mixed into your bank account from which you pay the mortgage.If you had been paying the mortgage on your own for many months (or even years), there might be a case to argue for receiving more of the equity on the basis he hasn't contributed.This matter is likely to be settled in a few months so the fact he may not be paying for that period of time whilst you reach a clean break agreement would make very little difference in the overall scheme of things. You will probably settle at a figure around 40%-45% of the equity. That's the sort of figure he would be looking at if he went to court.
Expert:  JeremyT1020 replied 11 days ago.
The option for pursuing him for payment of the mortgage in the interim is a maintenance pendingbsuit application to court.
Expert:  JeremyT1020 replied 11 days ago.
If you feel that he has abandoned you and you cannot afford your monthly outgoings, maintenance pending suit is the legal remedy you must take.
Expert:  JeremyT1020 replied 11 days ago.
Otherwise, the mortgage company will not care who pays (as long as they're paid) due to the principle of joint and several liability.