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marriage seperating - financial obligation?
I ask this Q on behalf of a friend
She's been married 23 years.
Has recently seperated.
has three kids (one in school, one in college, one in uni)
They plan to divorce only in about 2 years (I think it's cheaper and less complicated that way???)
The 3 kids live with her.
the max she can get from him from CSA is �320 (combined, for all 3 kids)
what obligations will the husband have towards the MORTGAGE (they have a part rent, part but scheme)?
Ie: Surely he is obligated to pay towards a roof over the childrens heads?
As his name is still on the deed etc does this mean that he can simply come and go as he pleases (I guess maybe he thinks he still ahs a right to access as his name is on the deeds although my friend will be paying the mortgage in full herself from next month)
Thaks in advance - ANY advice I can pass on to her will be much appreciated.
She's been married 23 years.
Has recently seperated.
has three kids (one in school, one in college, one in uni)
They plan to divorce only in about 2 years (I think it's cheaper and less complicated that way???)
The 3 kids live with her.
the max she can get from him from CSA is �320 (combined, for all 3 kids)
what obligations will the husband have towards the MORTGAGE (they have a part rent, part but scheme)?
Ie: Surely he is obligated to pay towards a roof over the childrens heads?
As his name is still on the deed etc does this mean that he can simply come and go as he pleases (I guess maybe he thinks he still ahs a right to access as his name is on the deeds although my friend will be paying the mortgage in full herself from next month)
Thaks in advance - ANY advice I can pass on to her will be much appreciated.
Answers
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The CSA payments cover his obligation to the children.
He can come and go to his home if he pleases, unless there is a court order to the contrary. Generally, divorcing couples will live separately, but some choose to remain in the same property until the divorce is finalised.
Assets such as the part share of the marital home will generally be divided once the divorce has been granted. This is when your friend and husband will decide how to split any equity / assets. Generally, the person wiy care of any school children will be allowed to remain at the property and can eother buy the pther person (husband) out and release his share of the equity...or the sale can be deferred until the child of school age leaves school, hen the property will need to be sold and the share divided at that point.
Your friend maybe paying the mortgage, but it seems like she also has exclusive use of the property, while her husband may be paying to live elsewhere.
This is simplified but there are variables depending on each situation.
He can come and go to his home if he pleases, unless there is a court order to the contrary. Generally, divorcing couples will live separately, but some choose to remain in the same property until the divorce is finalised.
Assets such as the part share of the marital home will generally be divided once the divorce has been granted. This is when your friend and husband will decide how to split any equity / assets. Generally, the person wiy care of any school children will be allowed to remain at the property and can eother buy the pther person (husband) out and release his share of the equity...or the sale can be deferred until the child of school age leaves school, hen the property will need to be sold and the share divided at that point.
Your friend maybe paying the mortgage, but it seems like she also has exclusive use of the property, while her husband may be paying to live elsewhere.
This is simplified but there are variables depending on each situation.
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