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maintenance payments in separation & sell house

  • NAT@1257NAT
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2 years 6 months ago #500248 by NAT@1257NAT
Hello Everyone,

currently Separated from my wife of four years. We are currently separated for several months and now it is time to move away from the marital home cannot bear it anymore.

My salary is much higher than my STBX. I want us to sell the house and so we can both move on independently it is a large house and is not suitable for one person. Currently only myself and STBX live in the house in separate rooms.

She is very adamant she does not want to sell the house and stay in it alone whereas I would like to sell so it would allow me to purchase my own place to release capital and not be restricted by second home purchase conditions as i am on the deeds of marital home.

What is the policy that governs any spousal maintenance whilst separated.

I am going to pay for the mortgage and 50% of the council tax and limit the payment to this level. So protecting and supporting the house whilst not making it easy to continue in the house.

Would this arrangement and payment go against me in the final settlement with the courts when the divorce is settled?

Can i do anything to force her to sell the house and allow us to both buy seperate houses. They would be capital enough to buy 2 small houses if we sold it?

Hope i can get some feedback as i dont know what to do for the best, just in Limbo with no clear way forward to get on with our lives.

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  • WYSPECIAL
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2 years 6 months ago #500252 by WYSPECIAL
Usual rule of thumb is that after a short marriage with no children you take out what you brought in.

If the house is bigger than your needs then if she can't afford to buy you out it will be sold.

The issue with paying SM on a voluntary basis is you will be demonstrating that you can afford to and acknowledging that she needs it.

ou need to post more details about ages, incomes and all assets really.

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  • NAT@1257NAT
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2 years 6 months ago #500253 by NAT@1257NAT
Hi 'Wy'

Thanks for replying.
Well simple breakdown:-
My Salary £65K, her salary £20K.
My age 50, her age 55.
Assets: House £320K capital when sold.
Pensions: My Pension cash post is approximately £160K her pension cash pot is about £35k.

When I leave the home it will be very difficult for her to pay the mortgage and continue without any support from me.
However I don't want to set a precedent that is avoidable in the interim.

I could pay the mortgage direct from my account maintaining the house whilst the house is sold to avoid any repossessions.

Do you have to pay voluntary SM before divorce?

Thanks again hope you can give some advise.

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  • Deborah66
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2 years 6 months ago #500274 by Deborah66
Some more information...

What is the Value of the Property and outstanding mortgage debt? Is the property in your joint names? How many bedrooms does it have? Was the property purchased before your marriage?

Any other assets, savings, policies?

How did you pay bills and mortgage when you were married, did you have a joint account, or did you pay the bills? Who is paying for what since you separated?

Best Wishes
Deborah

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