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hammerman | 10:54 Wed 27th Dec 2017 | Law
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Good morning. Here's a few details about the situation.

Split with the wife and happy to sell the marital home and split the profits 50-50. The house and mortgage is in my name only and is currently up for sale.

I have moved out and she is currently living there on her own.

However, she is refusing to pay half the mortgage....so she is basically living there rent free whilst i pay rent on my new place and the mortgage. We have no dependants and she earns around £10,000 p.a more then I do.

She refuses to let me into the house as she said it's currently her home.

Is there anything I can do to at least get her to pay half? This has been going on since August and is currently crippling me to the point where I can't afford a solicitor.
What do I do next, i'm at the end of my tether?

Thank you

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Try Relate(Citizen's Advice Bureau) for some advice.
Has the agreement been formalised in any way?
Question Author
Do you mean the separation or the living arrangements? In both cases, the answer is no.
I thought i'd just move out and nice and let her stay there. That'll learn me!!!!
If push comes to shove you could keep count of the mortgage payments you think she should pay and deduct that amount from her share of the house
Question Author
That was my plan Danny but it's not really helping at the moment. No offer has been made on the house so it's going to be at least April before it's off my shoulders.
In that case I would go with my first suggestion and consult Relate.
Tell her that if she doesn't give you her share of the mortgage payments each month you'll have to stop paying; the lender will foreclose on the mortgage and sell the house quickly at a low price. You'll both lose out in the end but it will solve your short-term problem. If she has any sense she'll pay you and the problem will be solved. Otherwise danny's solution.
I’m afraid BHG’s advice is your only real option. I’d contact the mortgage lender ASAP and appraise them of the situation.
Who’s name are the deeds in?
You should apply for an occupation order as owner of the property.

http://cartwrightking.co.uk/areas-of-practice/family-law/occupation-orders/
In theory you should never have left the house. If there is no legal separation in place and you are not violent you can do what you like.
However. it is obvious that would not help the situation. I think the best route at the moment is to see your lender. They may be happy to reduce the payment to one you can afford pending sale. BTW, dont assume it will be 50/50. The court will look at your overall financial arrangements during the marriage, and may award you you more since your wife is the higher earner.
Question Author
Thank you everyone. Just to let you know that i've never been arrested in my life although i did get a parking ticket in 1995!!!!! and certainly non violent (mind you, i can certainly see why people bump off their ex's lol)

I'm going to book myself an appointment at the Citizen's advice this week and see what they have to say
move back in.
You own the house & regardless of what she says you are entitled to live there. If she has changed the locks you should get a locksmith to change them again. But don't try to prevent her from living in the house herself - she has matrimonial rights.
Question Author
Thanks mate but i'm not trying to stop her living there or want to evict her and i certainly don't want to move back in as i now live in a rented property. My issue is what can i do about her refusing to pay nothing towards the property despite her earning £10,000 a year more then me and i have rent and mortgage to pay.
you cant make her pay - the debt is yours and the lender will only chase you to pay it. You have t toughen up an evict her unless she pays rent
Without doubt move back in now and stay there you have every right to do so failure to heed this advice will put you at a major disadvantage.

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