Do I need to pay my half of the mortgage? He’s refusing to leave

[separatingadvice]

I separated from my husband a few weeks ago after discovering he was cheating on me. He’d been treating me poorly for a long time and controlling behaviour has escalated after we split. We have a young child together so I asked if he could go and stay elsewhere. He has refused on multiple occasions to leave the jointly owned home. I know it’s never the advised thing to do but it didn’t feel safe to stay so DC and I have moved into my parents’.

We are selling the house but in the mean time do I need to still pay 50% of the mortgage? I’m working part time, on significantly less income than he, and he hasn’t paid a penny towards DC since we moved out and maintenance still isn’t set up.

Advice appreciated! It seems it’s a grey area. I have a family solicitor but only just instructing one for assets and the divorce

Sorry you are going through this. Get in touch with Citizens Advice or a family solicitor lots of them offer a free 30-minute consultation and they can give you information on the legal separation and mortgage. You can find a solicitor through the Resolution website resolution.org.uk

There is no "your half." You are both liable, together or separately for the entire 100%.

This. However, you should absolutely fight for child support.

Get the house sold as soon as possible to break the financial ties together.

This, the danger is if you stop paying and so does he you get into arrears.

If the house is on the market you might be able to reduce the payments to interest only until it’s sold. When I split from DH our mortgage company offered that option for similar reasons, you might also be entitled to a repayment holiday.

Call them and ask your options, mine was so helpful when I spoke to them.

It depends if you want to keep a good credit rating. Do you intend to buy or rent again?

You are both liable for 100 pc of it. When my ex husband moved out he couldn't afford to rent and pay mortgage so he didn't pay mortgage. I paid it all and this was corrected in the divorce settlement.