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Who pays bills during separation (sale of house)

(13 Posts)
MaryQ89 Fri 08-Nov-19 08:22:41

Quick one and looking for advise this am if you can.

Husband left 4 week ago and has got himself a flat. Initially he told me he would pay the house bills till we sold house. I have the house ready to go on market. I have not blinked an eye at having to do this ASAP as to free up cash for us both to move forward.

However now reality kicking in and he is swaying at paying all the bills.
The deal was going to be he pays the mortgage council tax and insurance and virgin until we sell. Don’t anticipate long sale but never know. He would then begin his maintenance payment AFTER house sells.

Is this unrealistic?
What is normal?
What are my right as such?
If we do other way in that he pays Half of all bills now and pays maintenance it really does equal same figure.

He left me. Not I him.

He has said for example why should he pay Virgin or home insurance.

I am not opposed to paying my way but what responsibly does he have for the bills whilst he has moved out and I and the children are living in house waiting for sale?

Thanks

OP’s posts: |
NotSuchASmugMarriedNow1 Fri 08-Nov-19 09:08:34

Legally he only has to pay child support. There is no legal obligation to pay the mortgage, only a civil one and obviously the mortgage company will need to be paid by someone whilst you are waiting for the sale to go through otherwise they will come after you both for repossession or payment of mortgage

ComtesseDeSpair Fri 08-Nov-19 21:51:41

As previous poster says, it’s in his interest to pay the mortgage if you can’t as you’re jointly liable. Once he realises that a default is going to affect him as much as you I’m sure he’ll want to step up.

If he isn’t living there though, the other household bills are really your responsibility as you’re the one using the utilities and tv/internet and liable for council tax. Do you work? Have you applied for benefits? How are you planning to pay for things once the house is sold and you need to rehouse yourself?

Apply to the CMS for child maintenance. He’s legally obliged to pay that and he can’t quibble it as he can a private agreement to pay bills.

MooseBeTimeForSummer Fri 08-Nov-19 22:27:47

I think he should contribute to the insurance. Not sure if it’s the same in the UK but here you’re legally required to have it whilst the property is mortgaged.

You might want to point out he won’t get anything if it goes up in flames and you’re not insured.

Notamummybutneedhelp Sun 24-Nov-19 22:28:35

Did you ever get sorted on that one @MaryQ89

I’m in a similar position. He’s gone but I can’t managed everything myself and don’t think I should have to. We entered into bills and agreements knowing we were together. He’s caused the separation.

Until the house is sold I think he should continue to pay as usual

mineofuselessinformation Sun 24-Nov-19 22:34:24

1. Go through CMS for maintenance.
2. Look at what benefits you are entitled to - council tax reduction, possibly water bill reduction if any dcs have relevant special needs, universal credit / tax credits.
3. If 2 fails, get a job if you can.

HollyIvy89 Mon 25-Nov-19 09:16:08

I have a job. I am not entitled to anything benefit wise. It will be major cut the cloth (nothing left thou of it lol) until house sells

stucknoue Tue 26-Nov-19 10:00:42

Mortgage and house (not contents) insurance 50% is fair but you pay utilities, he should be paying maintenance as that's separate

Ss770640 Fri 13-Dec-19 19:10:27

If it's a marital asset, in Scotland both parties are responsible for any debts associated with it. And the most recent valuation has to apply if available.

Neither party can walk away and expect no financial backlash.

In my case my STBEW left me paying everything. Her lawyer told her she's responsible for half the debt.

Frankola Fri 13-Dec-19 21:31:47

I think the fairest is 50/50 mortgage and house insurance. You pay your utilities (he isn't living there) and he pays child support

RoseMartha Sat 14-Dec-19 10:08:01

My h only pays child maintenance. I have to pay everything else. The house will be sold as part of divorce agreement.

Radicalradiator Sat 14-Dec-19 15:26:39

Be incredibly wary of selling the house without a financial agreement in place. How are you going to split it? You need to see a solicitor ASAP

Ss770640 Mon 23-Dec-19 19:00:31

Child Maintance only applies if custody is not 50/50.

Read page 29 of the CMS guidance document

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