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separation pre divorce -he wants to leave and charge me ground rent...

3 replies

keeplaughing · 01/03/2011 20:34

Ongoing financial settlement discussions are taking place, soon to be ex DH has found a flat, but won't move out until we have financial settlement agreed. I have said I will pay entire mortgage (joint names) when he moves out and until final settlement agreed at Decree Nisi stage. I suggested that this is a financial benefit to him so took it into the discussion about settlement figures but> he is now saying he can pay charge me 'ground rent' according to his solicitor. Is this right and how much does it work out to?

OP posts:
STIDW · 01/03/2011 22:03

Yes, it can be said that when someone enjoys the sole use of the former matrimonial home can afford to pay they should pay the other party's share of the mortgage in lieu of rent for occupying their share of the property. After all the party who left has their own living expenses to meet.

However, if that leaves you financially struggling and your husband has the means to contribute you might be able to claim maintenance. Every case depends on the specific facts and seeing a family solicitor early on to find out where you stand and what options there are in your particular circumstances is a good idea.

Resolution · 01/03/2011 22:56

Agreed.

keeplaughing · 02/03/2011 21:45

thanks. I am seeing a solicitor but needed v quick advice on this

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