Separated partner and mortgage payments

[anchovytoast]

(I hope this is the best forum for this; I thought about divorce/separation or legal instead).

I separated from my dh a few months ago. He moved out and rents a house nearby. I have remained in the family home, which we co-own and for which the mortgage is in both our names. We share care of the children 50-50.

Currently, my dh does not make any financial contribution to the mortgage, and with a hard look at my finances I realise that this isn't tenable - my overdraft is mounting. There is £78,000 outstanding on the mortgage, and coincidentally we have 78 months remaining on it. It's reached the stage where the bulk of the mortgage payment each month is paying off the debt (ie rather than just the interest), so with each monthly payment I'm effectively enriching my dh by something approaching £500 (assuming he expects to get a 50% share of the proceeds whenever the house is sold).

I'm going to ask him to start making a considerable contribution to the monthly payment. I am a little concerned though that he might simply refuse (and he's also a bit of a financial simpleton, I'm afraid to say, and may simply not grasp the point about him becoming richer each month at my expense through increased equity in the house). I think he may also plead poverty (no worse than mine, I suspect).

So, my question is, what recourse do I have if he refuses to make an adequate contribution?

(I realise this makes no difference to the legal/financial situation but for what it's worth it was his choice to leave).

Grateful for any advice!

It's fairly standard that you would pay the full monthly payment on the mortgage if he's moved out. You would get the extra back when distributing the equity either when the house is sold or if you buy him out, as you will know how much has been paid by you since he left. If you can't afford the mortgage payments you need to either move house or extend the term of the mortgage so your payments are more manageable.

He could ask you for half the going rate for rent if he's paying half the mortgage after moving out. I know it isn't, but YABU. Why should he subsidise you?

You need a formal agreement about who gets what when the house is sold. Broadly speaking it seems fair he should get half of whatever proportion of the house you had paid off when he moved out.

If you have sole occupation ( which you do) then by paying his part of the mortgage you are in effect paying him an 'occupational rent'. Legally you wouldn't be entitled to a bigger share.

You are both jointly and severally liable for the mortgage so if you can't afford it and her into arrears it will affect him.

The other way to look at it is that you can't benefit from the rising housing market without his equity.

Why don't you sell up now and separate your finances?