Household bills and separation

ellywellywoo

Im hoping someone can give me some advice

Ive separated from my husband since last June 2017.

I moved out of the house and living in a rented flat.

I've been paying the household bills on the marital home since i left last June,
However i now need the marital home to be sold as i want to buy somewhere

My husband has aways paid the mortgage as he is on a higher salary .
Now via my solicitor Ive said i need the home to be sold and i have told him i can't afford to pay the bill anymore.
My solicitor has said as we now don't have any dependant children we should split it 50/50 of the equity,
Can he demand i pay half the mortgage which is in both our names ? Which I can't afford to do as Im paying rent on my flat.
He says he won't sell until he's ready and he's found somewhere even though I've said he can't put an offer in on a new home until ours in on the market!

Any advice would be great.
Thanks

ellywellywoo

sorry meant to say that our DD is 20 and that we have had a mortgage since 1997.

Thank you

thorsoak

You say that you have been paying household bills since you moved out - do you mean household bills from the marital home? If so, are they the equivalent of half the mortgage payment?

Rubik

You're paying both your own rent and bills as well as your husband's bills, despite him earning more than you? Wow.

Presumably he is able to afford the mortgage on his own, without any financial assistance from you? And the utilities which he is using (and which you are not benefiting from in any way?). It would reasonable to expect him to pay his own household costs, given that you earn less and have your own household expenses to meet.

Can he demand you pay half the mortgage? Yes - he can also demand that you continue to pay the household bills, present him with the moon on a stick or anything else he wants, but that doesn't mean it's fair - or financially feasible for you. Perhaps it would be an idea to look at stopping paying for his bills?

50/50 is a starting point at which to begin discussions, in my experience 50/50 is rarely adhered to, and instead there is a variation on that after factoring in other assets (ie pensions) and other factors such as earning/mortgage capacity and salary difference.

As part of your agreed financial settlement, there should be a timeframe in there to dictate when the house goes on the market.

gettingtheresometime

By bills do you mean mortgage & associated insurances?


If so then I think that's fair, if only to protect your share of the equity, as there are many threads on here where one partner has moved out, stopped paying towards the mortgage & then expects 50% of the equity.

ellywellywoo

The household bills probably come to just half the mortgage amount.

ellywellywoo

Ive been paying the water rates
broadband
gas
electricity
tv licence
proportion of the sky bill
house insurance

ellywellywoo

ooh and also land line and call charges

Carrot007

ellywellywoo wrote: »

The household bills probably come to just half the mortgage amount.

Great tell him you will pay half the mortgage but not the other bills that you have no reason to since you do not live there.

More specifically he can demand whatever he wants. It does not however mean you should do it.

Comms69

ellywellywoo wrote: »

Im hoping someone can give me some advice

Ive separated from my husband since last June 2017.

I moved out of the house and living in a rented flat.

I've been paying the household bills on the marital home since i left last June,
However i now need the marital home to be sold as i want to buy somewhere

My husband has aways paid the mortgage as he is on a higher salary .
Now via my solicitor Ive said i need the home to be sold and i have told him i can't afford to pay the bill anymore.
My solicitor has said as we now don't have any dependant children we should split it 50/50 of the equity,
Can he demand i pay half the mortgage which is in both our names ? Which I can't afford to do as Im paying rent on my flat.
He says he won't sell until he's ready and he's found somewhere even though I've said he can't put an offer in on a new home until ours in on the market!

Any advice would be great.
Thanks

But he can?...


Without being funny your threatening him when you have a weak hand - your bluffing.


Instead why not either divorce (strengthening your hand) in around 12 months


or work together


(or move back in)

ellywellywoo

Definitely cannot and do not want to move back.
Yes we are getting divorced