court order

[Pallymaze]

can you apply to court to ask your husband who has left the FMH to resume mortgage payments if you have a child under 18 and he is and was the only bread winner?

I don’t know for definite but I think there’s no expectation to continue to pay the mortgage payments if you’ve separated. Even if it was them that has left.

You could work out how much CMS he owes every month by looking at the CMS calculator and if it’s a similar figure shoe it to him and ask that he pays it to the mortgage instead.
I doubt he will do that though as that means you’d get half if you get divorced.

So I would look to see if you can afford the payments with the CMS and your wage.

Your question is a bit too general to answer. I'm going to assume that neither of you earns more than, say, £80k or thereabouts for my answer. A fairly normal outcome when one person leaves the FMH is that the person who stays pays the full mortgage. That is because they enjoy the use of the property whilst the other normally has to rent elsewhere. In your situation it might perhaps be more normal for the person who leaves the FMH to pay half.

However, this is all in that grey period between deciding to divorce and the financial order being finalised. First of all, the likelihood of you being allowed to stay in the FMH if you cannot afford to take the mortgage on alone are virtually nil unless you have a child studying GCSEs or A-Levels in which case you might get a Mesher Order or deferred charge for a few years. If you were to get one of these orders and stay in the FMH after the financial settlement then you would almost certainly have to be able to pay the mortgage on your own. Your ex would have to earn a lot to be told to carry on funding the mortgage.

One other point on the grey area between separation and the financial order and probably of most direct relevance to your original question. In theory you could get maintenance pending suit. In practice, it's apparently incredibly rare.

What you need to be doing sooner rather than later is finding a job, claiming benefits and asking for child maintenance from him to maximise your earnings. It will give you more options.

No.

You can apply for CMS immediately.

No.

But you can apply for CM based on his salary.

No. You need to see if you can afford to take over mortgage payments with CM and your wage. If not, likelihood is the property will need to be sold. The split may not be 50/50 as you have the child with you.
However it's unlikely he could be forced to pay the mortgage whilst not living there as he needs to house himself.

No, you can't.

No it would be expected that you as sole occupier would cover the payments - you can claim cms though

How would you feel if you left the family home and your ex was there with your child and you had to pay the mortgage aw he decided not to work? This would probably take the jam from your doughnut. You would likely think fairer alternatives were available.

To all those replying “no” - why did you feel compelled to answer? Because your answer is very wrong, so I can only assume you are not qualified lawyers. If you don’t know the answer to a question surely it’s better to STFU than to take a rough guess?

To OP - yes you can apply for maintenance pending suit, and the court can order a spouse to continue to make mortgage payments. Impossible to say without sitting down with you and going through all your finances whether you’d have sufficient prospect of success to make it worthwhile.