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My wife and I are separating and I want to move out of the matrimonial home. Can my wife force me to pay the mortgage after I have moved out?
I am in the process of separating from my wife. We still share the house as I am still looking for accommodation but may be moving into a flat within two months. My wife was originally going to stay in the house but has now decided to move out as she can't really afford the mortgage. There are no assets, the property is close to negative equity and we are both going to be taking debts with us, so there's no point in going to Court. However, I don't want to be accused of abandoning her just so I can get on with my life. There's just no way I can cover the costs of two homes, so to get the flat I must move in when it's available and stop paying out for the house. My wife believes I still have to pay the mortgage even after I have moved out, but I have had advice from friends who have gone through a similar situation and they advise that once I move out, she cannot 'force' me to pay. As she earns more money than me, I don't see how maintenance comes into it either. Have I got this correct? Would I be required to pay anything out by law if I move before the house is sold?
You are entitled to leave the matrimonial home at any time but you will still remain liable for the mortgage while it is in joint names. If you do not pay it and nor does your wife then the mortgage company can pursue you and ultimately could take possession proceedings. In reality the mortgage company is likely to pursue the one with the most money. Your wife cannot force you to pay, your danger is the action that could be taken by the mortgage company against you. The practical advice is to discuss the sitution with your wife and your mortgage company and see if you can reach an agreement to allow you to move on.
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