Paying Mortgage On A House I No Longer Live In

Hello,

I''ve had a scout around and cannot see anything that answers my questions.

I have been seperated since last summer, married just short of ten years (don''t think that matters)?

My wife is still in the family home with our seven year old, I am still paying half the morgage plus maintenence and various tax credits that go with a child.

I am living in my parents spare room.

I know I have to provide my son a home, and I don''t want him to have to move (unless it was into my custordy) and don''t expect my share of the house until he leaves school.

What I want to know is do I have to continue paying half the mortgage also? I won''t stop until I have a legal agreement saying I am entitled to x% or a lump some at some point in the future.

I don''t want to pay a solicitor to be told I have to carry on paying.

Nothing in this area (divorce) is fixed. It all pretty much depends on the figures. There is no law that states the husband must pay X% of the mortgage and will receive £Y lump sum. It''s different for every case.

So, the first question to ask is, could your wife afford to pay the mortgage if you stopped? What would happen to her? Does she have a job/income of her own or is she totally reliant on you? If you stopped paying then what kind of benefits would she be entitled to?

Asset splits in divorce are based on needs. The primary need is that of the child, and providing a roof over his head and food in his mouth. By its very nature that usually includes the mother as well. But you also have needs, it is not suitable for you to be living in a spare room especially since you don''t have room for overnight contact with your son. Your needs might come second to hers and the kids, but they are not to be ignored. Waiting 11 years for "your share" of the house would not considered fair by most - if there is any other option.

Incidentally the length of marriage does matter, but it''s often overshadowed by the existence of children.

To give you a good idea of a likely outcome we would need to know:

1) Your respective ages
2) Your respective incomes including any benefits
3) Your respective pensions
4) The value of the house and outstanding mortgage amount
5) Any other assets such as savings, shares, properties, cars
6) Any debts and liabilities such as credit cards, loans, whose name are they in and what were they for

Do you mind if I send you a private message answering these six questions?

Sure no problem - but bear in mind you will only then be getting my opinion, not that of other members, which may be different

True. I''ve sent it to you for now, if I don''t like what you say I will ask everyone else