I am looking to start divorce proceedings & my question is about my house. The house is in my name only & the mortgage is the same. If i move out can i force him to take on the mortgage repayments even though the mortgage is in my name & is he jointly liable through marriage to pay the mortgage on my behalf.

November 27, 2008 by Anonymous

I am afraid that the answer to your question is no on both accounts. You must remember that when you took out your mortgage it was you and you alone that undertook to the mortgage lender to make the payments and the fact that you now have a husband living with you in the house does not make him liable to the lender.

Although I obviously know very little about your matrimonial affairs it would not on the face of it seem sensible for you to move out. If however you decide to do so you should certainly first reach some agreement with your husband (possibly in a formal separation agreement) that he will voluntarily make the mortgage payments. However the most sensible course here if the marriage has irretrievably broken down is for you to get on with the divorce and as part of the divorce action resolve all financial issues between you and your husband.

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