Separation and costs

Hello....I have been separated from my wife now for 3 and a half years. We have been married for 30 years. I applied for divorce in April and I am able to apply for the conditional order on the 4th November. During the time of our separation I moved out of the matrimonial home as things were untenable. The house and mortgage are in my name only. For the past 3 and a half years I have continued to pay the mortgage and private estate maintenance fees plus insurance on the home while my daughter went through university. She has now completed University and is working; living away. I therefore asked my wife if she would now contribute to the mortgage. She has refused. There has been no 'domestic violence'/threats or acrimonious relationships up to this point and as far as i am concerned there never will be.

She took out a B94-1 notice which i understand but surely a person can not live mortgage or rent free in a property? Because of the B94-1 I cannot put my house on the market which could be for some time while the divorce goes through. Questions:
1) Am i in my rights to ask for a contribution to the mortgage or indeed set out a rental agreement?
2) I believe, although i have not lived there for 3 years i would be entitled to move back in if i cannot afford to continue to pay rent and the mortgage? (I accept this might be difficult!)

Thank you for your advice/response

Once you have the conditional order you can have a legally binding financial settlement.
Have finances been discussed?
Does your stbx have sufficient means to pay the mortgage or contribute substantially to it?
What are your current living arrangements? Can you afford to pay the mortgage etc and maintain yourself?
You could, as part of the financial settlement, ask for your contribution to the mortgage to be considered. Whether it will be or not depends on what there is on the pot to meet your respective needs.
I think, providing she can afford it, it is not unreasonable for her to pay occupation rent. It is also not unreasonable, if you cannot afford to live elsewhere, for you to move back into the property. You could offer an either/or option perhaps? The difficulty is that it is your mortgage and you are liable for it so you do have to pay.

What you really need though is a financial settlement and Decree Absolute/final order. This can be by agreement and stamped by the court or ultimately imposed by a judge if you cannot agree. Have you done any financial disclosure? That's what's needed so you can prepare a reasonable offer to settle. After a 30 year marriage the start point for division is 50:50 but the main consideration is how much it will cost to meet your reasonable housing needs and what you can afford to borrow. If her borrowing capacity is less, she may get a greater than 50% share of the available capital. Pensions would be shared equally. Income needs now and possible maintenance would depend on circumstances; it is not a given.

Hadenoughnow