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Not seeing solicitior til Friday need help now!!

(3 Posts)
norksinmywaistband Mon 09-Nov-09 13:24:33

H left the marital home 9 months ago.

He has been paying £250 towards the mortgage during this time with me topping up to the total amount required.This is all he has been paying no extra child support and his name is still on the mortgage.

Things are now irreconsilable and I will be filing for divorce.

He is telling me that he now will not be paying anything towards the mortgage, but will give me £300 child support pcm( 20% of his salary, 2 dc at home with me)

Question is until his name is off the mortgage does he not have a legal responsibilty to pay his half even if he is not living here, as until his name is removed surely equity is not frozen and he can be gaining from me paying it.

Also is he legally entitled to come into the house to see the children here even if it against my wishes, he says he can?

mumblechum Mon 09-Nov-09 13:32:36

For as long as he's a registered proprietor on the deeds, yes, technically he can come in and out although most couples have an agreement that the H will only come by appointment and will give his key up, as a gesture of goodwill.

I suggest that you get contact to the children sorted out on the basis of him collecting them from the house, pretty much from the doorstep.

On the mortgage side, if he's on the mortgage account then yes he is liable. It's not a question of half each, you're both individually liable to pay all of it, though in practice he should certainly be paying a contribution towards the mortgage if he can afford to do so on top of child maintenance. The top up can be paid direct to the lender, or to you by way of voluntary spousal maintenance. It would be good if you can get that agreed, as when it comes to the overally settlement, if spousal mtce to you is already established you have more hope of getting it long term.

mumofsatan Mon 09-Nov-09 15:21:51

agree with mumblechum but would just add that if he is now refusing to pay towards the mortgage and you are struggling to pay it, you need to discuss with your solicitor the possibility of an application for maintenance pending suit.
'Normal' ancillary relief (financial) applications through the Court take months to be dealt with if not agreed with up to 3 hearings. If you are struggling financially, it may be possible to make an urgent application for financial matters to be dealt with on an interim basis which should give you enough to at least keep your head above water with regards to the mortgage and other household bills.

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