Money

[Steffani87]

So I kicked my husband out and he wants me to sell the matrimonial home. It has been less that a week and he has stopped putting money into the joint account as he says why should he pay when he is not allowed to live here. So I have transferred all bills to come out of my account but he won't transfer the rest until the house is on the market.
Can he do this?

Ultimately yes

youd need to put in a claim for interim maintenance to force him to pay if he won’t agree to.

is the house jointly owned? If so legally you can’t kick him out. Where is he going to be living?

what did you think is going to happen to the house?

What do you expect when you kick him out…

This.

You can’t force him out OP.

Yes of course he can! Unless the mortgage is soley in your name he has as much right as you do to live there.

Wow! The fact that we separated and I asked him to leave I get backlash like that!

The fact that he has been emotionally abusing me for years and I finally stand up for myself is clearly nothing how dare I kick him out. I asked him to stay with his family.

I didn't expect that within a week he would stop paying into he joint account and then withhold transferring stuff over so I can pay for it.

But clearly I was wrong to ask for advice!

You’re not wrong to ask for advice OP but the problem is that as you jointly own the house, you can’t force him to leave legally. And if he does leave then he doesn’t have to continue paying the bills.

Nobody is saying you were wrong to separate and end the relationship, but it’s the expecting him to leave and continue to pay that is the issue

See if you're eligible for any Universal Credit (even if you're working). If you have children together, make an application for child maintenance.

If you jointly own the home, you are jointly liable for the mortgage. However, if one of you isn't living there anymore, then it's unreasonable to expect both of you to contribute towards it - especially when you know his position is that you should sell up.

If you can't afford to buy him out, then you need to sell. It might feel like it's all happened a bit suddenly, but that's what it is.

Just to derail slightly but I can see Ops POV and I struggle with this too. My stbex was arrested and bailed. I didn't say he couldn't live here, the court did. So on top of all the abusive behaviour I'm now in financial hardship. If it's owned 50/50 it's still a legal contract. Prior to his arrest we were in the house but living seperately.

You asked a question and people answered.

its that simple

To correct @GladPanda if you jointly own and have a joint mortgage then you each own 100% of the liability - ( joint and several liability ).

Of course you are fine to ask for advice.

You have to accept that advice might be information you don't want to hear though.

Tell him that if you stop paying the mortgage too then the only winner will be the mortgage company. Its in his interest to pay too otherwise his credit score will be fucked.

To clarify:

"In a relationship breakdown situation, if one party leaves the property and stops contributing to the mortgage payments, the lender is entitled to require payments from the remaining party to cover all of the mortgage and it is not possible to argue that s/he is only liable for a particular share. This is known as 'joint and several liability'".

You can't expect him to cover part of the mortgage. Apologies if that wasn't clear from my original post. If you default on it, it will affect both of you. But they won't accept you paying half and then chase your ex separately for the other half - you will just have a missed payment.

Source: england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_joint_homeowners/financial_issues_for_cohabiting_joint_owners_after_separation