Call us on 0344 346 3672
or arrange a callback

The mortgage is in my name only, and we are divorcing, does my wife have to pay half?

Posted on 21 November 2012 by John


I am currently divorcing my wife and for the past few months have paid the full mortgage payments as she is refusing to contribute even though she is living in the marital home and I have mortgage in my sole name. She has informed me that her lawyer has told her not to pay the mortgage but surely if we are married she is liable to pay half?

John,

I'm afraid that as she's not actually on the mortgage, then she isn't liable for any part of the mortgage payment. If the mortgage was in joint names then, yes the situation would be completely different.

I would recommend that you speak to your solicitor to get their legal opinion as to what your rights are, and if you are struggling to make the mortgage payments, then speak to your lender asap, and explain the situation to them. Lenders are showing extreme levels of forebearance (leniency) at the moment, and this is important, as you don't want this very stressful situation have a negative impact on your credit profile.

Regards,

Simon

simon.collins@johncharcol.co.uk

More than mortgages, talk to me about:
Financial Protection | Investments | Personal and Corporate Pensions | Home Insurance
General Insurance | Valuations | Conveyancing | Wills | Home finders

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.


Legal

YOUR PROPERTY MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY DEBT SECURED ON IT.

John Charcol is a trading name of John Charcol Limited and its Appointed Representatives. John Charcol Limited is authorised and regulated by the Financial Conduct Authority. The Financial Services Register number is 665649. Registered in England No. 9157892. Registered office address for John Charcol Limited is 5th Floor, Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU. The FCA does not regulate some investment mortgage contracts. Calls may be recorded for training and monitoring.