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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Occupancy Rent

  • Sambo17
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  • New Member
  • New Member
25 Sep 19 #509789 by Sambo17
Topic started by Sambo17
Hi me and my partner have broke up. She has basically moved me back to my parents. I pay half the mortgage equalling 203, childcare 221, 45 electric debt, 52.50 IVA, 83.68 child maintenance, and Clubs 15,75. It totals to about 620 a month. My monthly take home is between 1400 and 1500. Plus I have another child from another relationship who I see regularly and pay for. If I were to rent another property you are talking 650 without my bills. You can see the problem. My Ex works full time and earns more than me and we share custody of our son 50/50.

I have just come off the phone with a solicitor and he told me I can reduce my half of the mortgage by getting occupancy rent from my ex. Is this true as I cant find any info online about this?

I also said to my ex if you move someone in I would want rent from them if I am paying the mortgage. She said this is absurd. Again the same occupancy rent question applies?

Any Advice available

  • .Charles
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  • Platinum Member
  • Platinum Member
26 Sep 19 #509797 by .Charles
Reply from .Charles
Occupational rent is a concept rather than a monetary transaction.

The concept is that your ex has full occupation of the property as you have left. This means that half of the property is not occupied by you therefore your ex should bear your part of the mortgage (at lease the interest element) in lieu of use of your share of the property which she currently occupies in your absence.

By giving notice that you will reduce the amount can break a stalemate where the person in occupancy refuses to deal with the finances.

The only difficulty is that if you stop paying your part of the mortgage it may fall into arrears which would be detrimental to you both.

If your ex were to move somebody in, asking for rent is unrealistic but it would bolster your argument to stop paying the mortgage on the basis that your ex now had a lodger who could defray your part of the mortgage in lieu of rent.


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