Help - I have reached a point that I am finding it difficult to remain in the same house as my husband, he will not agree to sell the house.And have started ancillary Relief, Our morgage is in joint names, I have always paid half the mortgage all be it, he earns a lot more than me. If I walked out would I still have to pay half the mortgage or could I pay a portion only. The reason I ask is I could not afford my childs school fees, rent and half the mortgage.Until the matter was dealt with bythe court
The court will not make you pay half the mortgage if you walk out.
If you stop paying then the mortgage company will chase you both as it is in joint names.
You both have to be sensible and try to come to an arrangement or one of you could stop paying and eventually your home will be at risk of repossession.
The formal route you can take (this is not specifically to do with the mortgage, rather all your expenses) is to apply to the court for interim spousal maintenance.
They will look at your circumstances (income and outgoings) and if they feel it appropriate will make an award for him to pay you X amount each month until the ancillary relief proceedings are completed and a more permanent award is made.