I have been paying the (joint) mortgage on my own for 4 months now, and this will continue for the next few years until our house is sold (my ex has agreed to keep the house on for two years for a few reasons relating to our child) A few people have asked me if he is still paying half of the mortgage, and they seem surprised when I say no. I assumed he wouldn’t have to pay towards it, and would just pay maintenance (which he is)
Is this right? Or does he have an obligation to pay towards the mortgage, as well as paying maintenance? Or does he just have to pay the latter? He is living with his Mum at the moment, if that is at all relevant!
If you stopped paying the mortgage you would be joint and severally liable for the debt. So both would be responsible. I recently divorced my ex wife and we had to sell up and go our separate ways and we have a 2 year old. I know there are people who say quite often the woman can stay in the house until kids have grown up but I never know how that would work unless the guy is earning a fortune. Although I note you say he is with parents but presumably that could only be a temporary arrangement. One other thing to consider, if you are paying the mortgage alone, when you come to sell up it will get confusing dividing the asset up if you were both paying then only you were paying for a while. But on the other hand if you agree it between you it’s whatever works if you are amicable. I find on these forums there is constant references to courts and judges. At the end of the day, if you are grown up about it all maybe discuss the points above with him and see what he says.
Thank you both. At the moment things are fairly amicable (well, as far as they can be!) but I think I need to seek some legal advice on how best to proceed. We are going to draw up a Seperation Agreement through a solicitor, but he is instigating that I would therefore like to get my own legal support in respect of it. I don’t want it to get nasty, but equally I also need to ensure that it’s do-able affordability wise over the next couple of years!
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