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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12180
Experience:  30 years as a practising solicitor.
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marrage breakup. Wife and children still in family house,

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marrage breakup. Wife and children still in family house, still under joint ownership. Is dad liable for half mortgage until house is sold
Thank you for your question.
Both parties are jointly liable for the mortgage as far as the lender is concerned. However the wife in this instance should be seeking aliment from the husband to cover the mortgage and other bills. The amount of aliment will depend on what each party earns and what the outgoings are, including the mortgage. Wife should also not be hanging about and messing about with lawyers letters that aren't being replied to. The lawyer should be getting this into court immediately and the longer you wait the more argument he has that the money isn't required.
In the longer term a division of assets, including pension funds, will require to be examined but at th moment get an action for interim aliment into court immediately.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you

at present paying lawyer, but cannot afford going to court. Would wife be eligible for legal aid for child maintenance and ailment.

She may get legal aid for aliment depending on financial circumstances. This can be checked at

She will get legal advice and assistance for child maintenance issues but not legal aid as child maintnance is not dealt with through the courts, only by the CSA.
Customer: replied 3 years ago.

thank you

You're welcome.
Customer: replied 3 years ago.

Hi I tried to rate you, but I was told I had already rated you, and if I did it again I would have to pay again. I thought my question was all part of the service as it was just an add on question.

Thank you

MOrag Ross

No, don't worry, you have already rated, thank you. I will deal with this manually from this end.