Hi
New to this and couldn't see the answer anywhere else so sorry if this
is a commonly asked question...
My husband of 5 years has decided out of the blue that he wants to end
the marriage. We have a 2 month old baby and a joint mortgage which we
entered in to while married and which we pay 50/50 each towards. If he
decides he wants to move out, does he have an obligation to keep paying
half the mortgage and bills? I can't manage it on my own and couldn't
buy him out, but equally I earn as good a wage as he does so won't be
getting spousal maintenance, housing benefits or anything... I'm
worried about being able to keep my child in the home when we won't be
able to sell in the current climate.

Thanks




-- 
Banana 101

Banana 101;559001 Wrote: 
> Hi
> New to this and couldn't see the answer anywhere else so sorry if this
> is a commonly asked question...
> My husband of 5 years has decided out of the blue that he wants to end
> the marriage. We have a 2 month old baby and a joint mortgage which we
> entered in to while married and which we pay 50/50 each towards. If he
> decides he wants to move out, does he have an obligation to keep paying
> half the mortgage and bills? I can't manage it on my own and couldn't
> buy him out, but equally I earn as good a wage as he does so won't be
> getting spousal maintenance, housing benefits or anything... I'm
> worried about being able to keep my child in the home when we won't be
> able to sell in the current climate.
> 
> Thanks

You have my sympathy for the shock you must have had. My understanding
is that each party to a joint mortgage is jointly and severally liable
so if there is a default in payments either party can be chased, tho'
the B Society could have the right to repossess anyway.  The situation
will become complex however. Much must depend on what can be done to
create a practical agreement with your husband. He certainly has an
obligation towards your child. The current vogue is mediation but you
should definitely see a family law solicitor soon (if you haven't done
so) because there is a web of interconnecting strands covering the way
in which house is owned, child maintenance, etc. Most solicitors will
give a free half hour to outline the best course to follow. Not an easy
time ahead I'm afraid.




-- 
puzzledtoo

"Banana 101"  wrote in message 
news:Banana.101.2ff79a7@legalbanter.co.uk...
>
> Hi
> New to this and couldn't see the answer anywhere else so sorry if this
> is a commonly asked question...
> My husband of 5 years has decided out of the blue that he wants to end
> the marriage. We have a 2 month old baby and a joint mortgage which we
> entered in to while married and which we pay 50/50 each towards. If he
> decides he wants to move out, does he have an obligation to keep paying
> half the mortgage and bills?

He doesn't have any obligation wrt the mortgage contract, but he does wrt 
the marriage contract, this is what the CSA is for.

> I can't manage it on my own and couldn't
> buy him out, but equally I earn as good a wage as he does so won't be
> getting spousal maintenance, housing benefits or anything...

the one doesn't necessarily follow the other.  I think you should find out 
what the actual situation is before acting.

> I'm
> worried about being able to keep my child in the home when we won't be
> able to sell in the current climate.

I think that this will be self correcting, even if you do get in to arrears, 
the chances are that you will be allowed to stay in the house in the short 
term

tim

On 31 Aug, 10:58, "tim....."  wrote:
> "Banana 101"  wrote in message
>
> news:Banana.101.2ff79a7@legalbanter.co.uk...
>
>
>
> > Hi
> > New to this and couldn't see the answer anywhere else so sorry if this
> > is a commonly asked question...
> > My husband of 5 years has decided out of the blue that he wants to end
> > the marriage. We have a 2 month old baby and a joint mortgage which we
> > entered in to while married and which we pay 50/50 each towards. If he
> > decides he wants to move out, does he have an obligation to keep paying
> > half the mortgage and bills?
>
> He doesn't have any obligation wrt the mortgage contract, but he does wrt
> the marriage contract, this is what the CSA is for.
>
> > I can't manage it on my own and couldn't
> > buy him out, but equally I earn as good a wage as he does so won't be
> > getting spousal maintenance, housing benefits or anything...
>
> the one doesn't necessarily follow the other.  I think you should find out
> what the actual situation is before acting.
>
> > I'm
> > worried about being able to keep my child in the home when we won't be
> > able to sell in the current climate.
>
> I think that this will be self correcting, even if you do get in to arrears,
> the chances are that you will be allowed to stay in the house in the short
> term
>
> tim

In the long term though, each of you will be chased for arrears and
the lender can and will repossess eventually. Then chase each of you
for any shortfall.

Martin  <><