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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12198
Experience:  30 years as a practising solicitor.
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my wife and I are separated for 6mths she is moving in with

Customer Question

my wife and I are separated for 6mths she is moving in with her new partner and is refusing to pay her half of mortgage what happens to her share of house?
Submitted: 4 years ago.
Category: Scots Law
Expert:  clairep80 replied 4 years ago.
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How long have you lived together and are there any children involved?
Customer: replied 4 years ago.

house is worth £125.000

35.000 is outstanding


10yrs married

5yrslived together

2 children

Expert:  clairep80 replied 4 years ago.
My apologies I notice that you are in Scotland - entirely my fault I am afraid.
I shall opt out and transfer you to the correct section.
Please be patient - my colleagues are well worth waiting for
Expert:  JGM replied 4 years ago.
Thank you for your question.

Your question has been passed to me by my English colleague, Claire, and I will try to help you with this.

Whilst the other financial issues relating to you and your wife may become relevant, the position with the house at the present time is that there is a mortgage in joint names which means that you are both jointly liable for the mortgage payments on an ongoing basis until one of you buys the other out or until the house is sold.

What you are not allowed to do is pay half the mortgage on the basis that you are paying "your share". The liability is joint and several which means that if the full payment is not made by one or other of you, the lender will eventually apply to repossess the property as the mortgage will fall into arrears.

So if she doesn't pay "her half" you will have to pay it for her and that will have to be taken into account in the overall matrimonial settlement.

That is not to say that you or your solicitor can't write to her insisting that she pays her share. You could also sue her for her share if she doesn't pay. What you can't do, however, is not pay the lender.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.