ONDIVORCE GENERAL AND CONTACT MESSAGEBOARD
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Subject: Joining the list
Posted By rassman on 18-01-2010
ok brief history, ask questions as required. Wife asked me to move out in middle of october, i did and moved back to good old parents. She asked me twice to come back and i said no(didnt think things were fixed between us), anyway it all came to a head over the new year period, i accused her of being with another man and sent a text saying i met someone, she replied in kind and went and bedded an old flame, since then he stays over in my house and blah blah. I have told wife that i am no longer willing to pay the half mortgage anymore now, she has changed the locks on the matrimonial home as well.
i am expecting a letter from her lawyer, probably saying that i shouldnt goto house, so if i stop paying the mortgage where does that leave me? We have 2 children living there 13,11.
can i ask her to leave so i can move back as i am sleeping on my parent living room floor.
What are my options?
thanks
Follow up comments
Added By sometimesitdoesn'twork on 19-01-2010
The usual legal advise is not to move out in the first place and, although strictly speaking you have every much as a right to live there as she does, moving back now is unlikely to move matters forwards constructively.
If your wife enjoys the sole use of the former matrimonial home there is an argument she should pay her share and your share in lieu of rent for occupying your share. However, there is an obligation for spouses to maintain each other so if your wife will struggle financially and you can afford to contribute she can apply for maintenance in the interim until there is a final settlement. If this is the case it is better to reach an agreement between you and avoid the hassle of going to court and the legal expenses.
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