Spouse moved out. Bill-split?

Adamc

Cobbler_tone said:

Adamc said:

Cobbler_tone said:

.. Good luck.

I should probably also mention we have a joint account from which these bills are all paid.

I found it useful to separate accounts ASAP. The only thing (arguably) worth keeping to a joint account is the mortgage, although as I was paying it I switched to my personal account. 
Things can be amicable, until they are not!

I wouldn't definitely suggest mediation ahead of any solicitor. The latter knows how to generate business and will fill both of your heads with all manner of suggestions, often counter productive ones. It is always best to know what you want (including each other compromising at times) to get a solicitor to get it signed off. As opposed to negotiating via solicitors.

I think we are in agreement that we will leave out any pensions and keep our own respective assets if this is deemed fair from a legal standpoint. 

Cobbler_tone

If you do ultimately end in a divorce it is worth at least looking at the D81, as this is the financial order you will need to complete. With no children 50/50 is as fair as it gets and sounds like you are amicable, so try to keep it that way!

https://assets.publishing.service.gov.uk/media/67f519ba563cc9c84bacc320/D81_0425_save.pdf

Mine (financial order) was rejected by the judge initially as it showed (on paper) that it was balanced in my favour, so another letter was required to explain the full rationale, which was already in there TBF and then it went through.

If you have similar assets and an equal share of the house then it could be one of the simpler processes. It sounds like you want the other to be OK, so don't fall out over any of the little stuff.

Brie

Are you married or in a civil partnership?  If so then leaving out pensions and other assets may not be an option.

Cobbler_tone

Brie said:

Are you married or in a civil partnership?  If so then leaving out pensions and other assets may not be an option.

I think the clue is in the title, although people do use all sorts of terms for their partner.

If it is amicable and well worded then a judge will approve anything within reason. As long as one party is not left destitute and they can both demonstrate that they have taken the appropriate legal advice. Easier still in the absence of children. You don't have to complicate things too much with pensions if both parties are happy with the agreement.

Adamc

Cobbler_tone said:

If you do ultimately end in a divorce it is worth at least looking at the D81, as this is the financial order you will need to complete. With no children 50/50 is as fair as it gets and sounds like you are amicable, so try to keep it that way!

https://assets.publishing.service.gov.uk/media/67f519ba563cc9c84bacc320/D81_0425_save.pdf

Mine (financial order) was rejected by the judge initially as it showed (on paper) that it was balanced in my favour, so another letter was required to explain the full rationale, which was already in there TBF and then it went through.

If you have similar assets and an equal share of the house then it could be one of the simpler processes. It sounds like you want the other to be OK, so don't fall out over any of the little stuff.

I have about 40k in savings - she has less. Her pension is slightly larger and her car is worth more. She has several high price handbags, shoes, and some diamond jewellery. 

Cobbler_tone

Adamc said:

Cobbler_tone said:

If you do ultimately end in a divorce it is worth at least looking at the D81, as this is the financial order you will need to complete. With no children 50/50 is as fair as it gets and sounds like you are amicable, so try to keep it that way!

https://assets.publishing.service.gov.uk/media/67f519ba563cc9c84bacc320/D81_0425_save.pdf

Mine (financial order) was rejected by the judge initially as it showed (on paper) that it was balanced in my favour, so another letter was required to explain the full rationale, which was already in there TBF and then it went through.

If you have similar assets and an equal share of the house then it could be one of the simpler processes. It sounds like you want the other to be OK, so don't fall out over any of the little stuff.

I have about 40k in savings - she has less. Her pension is slightly larger and her car is worth more. She has several high price handbags, shoes, and some diamond jewellery. 

Ultimately, if you can agree what you both believe is a fair split between yourselves then you are ten steps ahead of most couples going through the process. I’d do my very best to keep it that way and don’t sweat the small stuff!

sheramber

Is life insurance to cover mortgage in case of death of one party?

If so, you should continue it until the joint mortgage is ended.

Adamc

sheramber said:

Is life insurance to cover mortgage in case of death of one party?

If so, you should continue it until the joint mortgage is ended.

Yes it is. 

ian1246

I disagree with the above advice. If you have sole use of the property you should be paying for 100% of the mortgage, which will be instead of the occupational rent you'll be liable for owing your ex. (Occupational rent is a thing in the UK. Worth researching the various case law on it).

Ultimately your ex has their own housing costs to meet. Chucking you £1000 a month to subsidise you is likely going to be extremely detrimental to their own ability to meet housing needs.

As for utility costs - 100% your responsibility. You live there and are the one using the resources, you pay for them.

Adamc

ian1246 said:

I disagree with the above advice. If you have sole use of the property you should be paying for 100% of the mortgage, which will be instead of the occupational rent you'll be liable for owing your ex. (Occupational rent is a thing in the UK. Worth researching the various case law on it).

Ultimately your ex has their own housing costs to meet. Chucking you £1000 a month to subsidise you is likely going to be extremely detrimental to their own ability to meet housing needs.

As for utility costs - 100% your responsibility. You live there and are the one using the resources, you pay for them.

Well still trying to figure this out as it's just been a week of separation and my head is all over the place. But I can see that despite them choosing to move in with family I should certainly shoulder the running costs. Mortgage we are jointly responsible for and in agreement we will split 50/50. There's the option to go interest only for 6 months if necessary.