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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34105
Experience:  family solictor with 25 years experience
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Can I make my estranged wife pay towards the mortgage in the

Customer Question

Can I make my estranged wife pay towards the mortgage in the house she is living in. Mine is the sole name on the mortgage and house deeds, but I am the one who has moved out. I am also paying CSA payments on top of what I am already paying towards the mortgage
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What income do you each have?

Customer: replied 1 year ago.
I am in the army on £60k per annum, she is a nurse on £22-24k per annum
Expert:  Clare replied 1 year ago.

Are you willing to start divorce proceedings?

How much is the house worth and how much is outstanding on the mortgage?

What is the monthly mortgage payment?

Customer: replied 1 year ago.
Divorce proceedings have already started and my Decree nisi should be through anyday now. We haven't agreed on a settlement between the equity in the house and my army pension.
The house is worth about £275k and there is £132k outstanding on the mortage. The mortgage is £655 per month and another £130 towards the endowments, worth about £50k
She is after all the equity in the house and the all the endowments and I keep all of my pension. I am asking for £30k out of the house to put towards a deposit on a new one.
She has been living in the house for 18 months whilst I have been paying for the mortgage, endowments and insurances. She hasn't paid anything towards the house other than normal house bils, gas, electric and that sort of thing.It doesn't seem fair that she is still living in the marital home whilst I am paying for all of the mortgage and she thinks she has claim on 100% of the equity from the sale of the house. We are planning to sell the house once we agree and the settlement.
Expert:  Clare replied 1 year ago.

What is her mortgage capacity?

What is the value of your respective pensions?

Customer: replied 1 year ago.
I don't know what her mortgage capacity is but she has very little outstanding debts as I took all the debts with me.I am waiting for CEV for my pension and I don't know what hers is worth.I just want to know can I make here pay half of the mortgage till this has been sorted, she hasn't contributed anything to the property since we split and she is claiming 100% of the equity. I don't to be paying for her to live rent free until my daughter is old enough not to require CSA. She is currently 16 years old.
Expert:  Clare replied 1 year ago.

How long have you been in the service and how long have you been married?

Customer: replied 1 year ago.
I have been in the Army for 26 years. We were married for 22 years.
Expert:  Clare replied 1 year ago.

The fact that the property is in your sole name is ***** ***** the first problem - but the second is that there is a liability for spouse as well as child maintenance due to the difference in your incomes.

Woul dyou be willing to stop paying the Endowments for now?

Customer: replied 1 year ago.
I am currently paying £380 a month for child support and I am not disputing that as I am happy to pay child support for my children. I don't think it is fair that she is living in my house rent free and it stops me getting another mortgage until the matter is resolved.
The endowments have 4 years left till they mature. I don't want to do anything to them that might jeopardise how much they are worth when they mature. They are already short of their expected value and I am using them purely as a savings plan. The Ex is trying to claim 100% of the endowments as well.
Expert:  Clare replied 1 year ago.

Would you settle for a settlement where she had the House and you had the endowments and she also had a pension sharing order?

Customer: replied 1 year ago.
All I am looking for is £25-30k cash out of the equity in the house or the endowments which are potentially worth £50k. I am happy to give up a large percentage of the equity but don't want to walk away with no cash as it will take me years to build up enough of a deposit to buy another house.
Expert:  Clare replied 1 year ago.

That is doable - but would you be willing to accept the pension sharing order as well if need be

Customer: replied 1 year ago.
It would depend on what the split of my pension is. I am looking for a clean break and make it fair for both of us. I don't want to feel like she is walking away with everything and I lose out. I have to try and rebuild my life and move on. It will be me picking up my daughter from her new house I that I have paid for whilst it takes me years to build up a deposit for my own place if she gets her way and takes all of the available upfront equity.
Expert:  Clare replied 1 year ago.

From what you have said there is no doubt that you will get some if not all of the endowments.

This would represent very roughly a 74/26 split of the capital in her favour.

That should be sufficient to wipe out any liability for spouse maintenance

Whether it is enough to wipe out her claim on your pension will be based on the actual CETV values of your respective pensions - but it shoudl go some of the way there and you can always negotiate with part of the Endowment funds if you wish to push the clean break

With regard to your ongoing payment of the mortgage realistically since there is a potential liability for spouse maintenance I would suggest that you accept if your now - but unless progress on settlement is made within the next three months then you use that as the reason to bring the matter before the court

Please ask if you need further details