Separation, joint mortgage, no kids

[supercatlady]

We are separating after 30 yrs together. He isn’t happy.

He had agreed to stay in the house til it sold, but now wants to move out.
We both work full time and he has a pension on top of nearly £1200 per month.

Can I expect him to pay towards the joint mortgage and other household costs? Currently he says he will, but I wonder if he will once he’s moved out.

we’ve instructed a solicitor jointly and are getting advice on pension sharing, intending to divorce.

Technically if he is no longer living there and you are then you would be paying your 50% of the mortgage and you’d also pay his 50% as “occupational rent”.

It’s worth trying to come to an agreement between yourselves and use solicitors where needed.

Are you married?

Yes we are married. Children now adults. My daughter is moving out this week.

Any other thoughts? I’m worried about having to pay the mortgage and utilities on just my wage when it isn’t my choice to do so.

Sorry, I don't mean to jump the thread but I have a situation where he moved out (on my request) we have children (teens). What's occupational rent and would that apply to me at all? He is paying the mortgage in full currently. Thankyou.

Occupational rent is essentially where if you co own a house and one person has to move out of that house, the person who remains in the house pays their 50% AND the other persons 50% as essentially their compensation, it’s to reflect the value of them exclusively living in the previous family home.

So essentially if you’re the one in the house you’d be paying 100%.

Thankyou, I'm assuming it's a private arrangement and and not enforceable?

That’s not correct no. You can be taken to court for occupational rent and if the court agrees that it is owed then a legally binding order.

It comes down to

maths - can the person moving out afford to pay mortgage and bills AND rent and living costs elsewhere ?

can person remaining in house pay 100%

timing - for how long is the arrangement/agreement expected - ie 6 months while they agree a buy out or sale of finds a job etc

ultimately long term one person won’t be expected to continue paying to a house they don’t live in and the other party is benefitting from sole use of

if parties can’t agree then a court could force a sale for exanple

and it makes no difference that the relationship ending is not your choice

ultimately there will be a short term goal - ensure all bills are paid and a long term goal - splitting finances and becoming financially independent

The house has been on the market for a month. I don’t want sole use of the house, I’m being forced to have it by him moving out. I offered to rent a room somewhere so he could stay here without me, but he has found a rental he really likes.
house is 4 beds, which neither of us need hence selling. Been married 30yrs.

Have you asked him how long he will continue to pay?
are you working? Can you afford it if he stopped?
have you discussed overall financial settlement yet as the house is on the market?

We are intending to split equity 50/50 and are taking actuary advice on pensions. At the moment he’s agreed to pay. We have joint solicitor so I can’t ask for advice independently, so wanted to sound it out here first - thought someone may have been through similar. I’m not sure if I can afford all the bills on my salary. All our money has gone into a joint acct til now and we don’t have loads left over each month. His take home is £1k more a month than mine.

You can’t have a joint solicitor for the divorce - that’s a conflict of interest so you’ll need your
own and to take advice from them in terms of a fair split looks like.

i presume you have a joint one for conveyancing ( re your house sale )

No it’s a new initiative called resolution together. We have a joint solicitor for the divorce.