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I co own a property with my wife. a Decree Nisi has been issued

 
claire's Avatar
  • Answered by:claire
  • Family Solicitor
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Customer Question

I co own a property with my wife. a Decree Nisi has been issued and now waiting for the absolute.

I returned home yesterday, I still use the house to wash, eat and see my 8 year old son to find that my wife has put a padlock on her bedroom door (Our old bedroom).

I now have no access to the on suite bathroom which contains a power shower (That I paid for).

In the family bathroom has a bath which i occasionally use but I like to shower. Can I remove the lock to continue to use the power shower?

I am a police officer and wouldn't use any form of violence obviously but would instead just unscrew the fixtures and fittings.

 

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Province/Country relating to question : uk west sussex

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Submitted: 403 days and 10 hours ago.
Category: UK Family Law
Value: £22
Status: CLOSED
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Expert:  claire replied403 days and 10 hours ago.

HI
Just for clarity - are you actually still living at the property/
Claire

Customer replied403 days and 10 hours ago.

Yes, I dont sleep there as my wife calls the police if I out stay my welcome.

 

I pay the mortgage, all bills with exception of the TV license, insurance and boiler cover.

 

I stop overnight if my wife wants to sleep at her new boyfriends house.

 

Mike

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Expert:  claire replied403 days and 10 hours ago.

Hi
May I ask why you are paying all the bills if you no longer live there?
Claire

Customer replied403 days and 10 hours ago.

Claire,

I'm a police officer, Nicola works part time and our 8 year old son is also at the property.

 

Nicola has never contributed to any of the bills. She states she can't afford to. She run up shed loads of debt and is under payplan.

 

If I move out and refuse to pay the bills then I can be disciplined for going into debt with the Council, Mortgage company and utillity companies etc. I have explained all this to my solicitors who haven't advised me accordingly.

 

I can't afford to pay the mortgage bills and rent a second property.

 

We go to mediation on Thursday 17th.

Mike

Accepted Answer

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Expert:  claire replied403 days and 10 hours ago.

Hi
If you are no longer living at the property the only bill for which you remain in any way liable is the mortgage.
All other bills can and should be transferred into her sole name.
You should be paying 15% of your net income to her by way of child maintenance and it would be generous to continue to pay the mortgage for the time being - maybe dropping to half the mortgage in a few months(she can use the child maintenance to fund the difference)
So far as the shower is concerned the fact is that you are entitled to break the lock - but strategically it would be foolish to do so
Claire

Expert TypeFamily Solicitor
Category: UK Family Law
Pos. Feedback: 97.7 %
Accepts: 12347
Answered: 5/11/2012

Experience: 25 years experience of all aspects of family law

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