Spouse deserted a year ago. Still paying mortgage. What is the legal position?

P

piper

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My spouse has just dumped me out of the blue. We were married. We have no children. We bought a house 9 years ago.

My spouse is currently amassing large debts in the pursuit of this new relationship and we have a joint account. Can I close down the account to prevent their access to money till things get sorted?
 
Re: just dumped by husband

Go to the bank first thing monday morning & either get the account frozen or stipulate that no actions be carried out on it without a joint signature.

Second thing to do is get a good solicitor.


Best of luck
 
Re: just dumped by husband

Sorry for your trouble, piper.

You're going to need a lawyer a.s.a.p. to answer the questions about buying out his share of the house, etc.

But in the meantime, yes, certainly close any joint accounts immediately (incl. credit cards, if any), arrange for your mortgage repayments to be covered solely by yourself from now on, and document everything.
 
Re: just dumped by husband

DrMoriarty said:
arrange for your mortgage repayments to be covered solely by yourself from now on, and document everything.
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I have heard that you're better off not repaying the mortgage on a property where ownership is in dispute in seperation cases. The principle is that you could effectively be handing over money to the other party, depending on the final decision regarding how the property could be split. You could set up a seperate account with your bank to save these mortgage payments, and tell the bank what/why you are doing. Check this out with your solicitor.
 
Re: just dumped by husband

RainyDay said:
...you could effectively be handing over money to the other party, depending on the final decision regarding how the property could be split.
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That's possible. Perhaps I should have said simply to ensure that the mortgage continues to be paid, full stop - i.e. you presumably shouldn't rely on him to keep up his payments. If you have records indicating clearly what part of the mortgage (and any other monies spent on the house) has been paid by yourself, that should help a lot.
 
Re: just dumped by husband

hate to be the bearer of bad news but in terms of divorce settlements, who earns how much and whose fault the breakup is, does not come into it.

I beleieve he is entitled to half the value at the point he leaves. Close every barn door that is still open.

If you're paying most of the mortgage now, then stop paying it completely for a while as it is just making more value of the asset

tough but not a time for sentiment.
 
desertion and house

Hi,
I have a few questions.
My spouse deserted over a year ago. I have no way of making contact. I am still paying the mortgage.
What is my position?
How long does someone have to not make contact for before they are considered legally to have deserted?
When they make contact to sort out the house, are they entitled to the current market value of the house or when they stopped contributing to the mortgage?

Thanks
Piper
 
Re: desertion and house

Hi Piper,
You should consult a solicitor who will be able to advise you.
aj
 
Re: just dumped by husband

If he is still paying half is he still entitled to half the value of the house at todays market or only half from the time he left???
 
Re: just dumped by husband

With the credit cards you need to be the 'primary' card holder to change the 'conditions' or cancel....
 
Re: just dumped by husband

D8Lady said:
Go to the bank first thing monday morning & either get the account frozen or stipulate that no actions be carried out on it without a joint signature.
Second thing to do is get a good solicitor.
Best of luck
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Have you taken D8's excellent advice?
 
Re: just dumped by husband

Bluetonic,

Well spotted! I have merged original question (2005) with the new one just recently made.

aj
 
Re: just dumped by husband

Get a solicitor Piper!! This is potentially a very complex issue.
 
Re: just dumped by husband

Anyway just to let you know I did consult a solicitor last year and back then I did not think my spouse was going to desert. The solicitor advised that I made sure I had a contact address because I cannot proceed with sorting out the house without a contact.
So instead of having to go back to the solicitor and paying another consultancy fee (not cheap) I just wondered if anyone knew when is someone considered to have legally desereted, and what will happen to the house if that is the situation.
Piper
 
Re: just dumped by spouse

" just wondered if anyone knew when is someone considered to have legally desereted"

Its relevant personally and I would say desertion/split - call it what you will - happened the day he left. Its not really relevant in overall legal context - desertion does not figure in distributing assets

"and what will happen to the house if that is the situation."
Nothing - until one of you fixes the problem. So at the moment, nothing will happen save that you are both joint owners and you solely are paying the mortgage. If he wants it sorted he is entitled to seek a Judicial Separation in the Courts and seek as much or as little as he wants. You can do likewise. Ultimately it is for the Court to decide who gets what and on what basis. It is preferable to settle matters between you amicably and perhaps through mediation but on the facts that may not be possible.

My advice: start proceedings. If you do not know where he is the Court will give you leave to advertise or use the address of a family member that you know he is in contact with.

mf
 
Re: just dumped by spouse

Interesting to note that the errant spouse has been referred to by other posters as "him", "his" and "he", and yet piper has never indicated the gender of either party.
 
Re: just dumped by spouse

SineWave said:
Interesting to note that the errant spouse has been referred to by other posters as "him", "his" and "he", and yet piper has never indicated the gender of either party.
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Noticed that! But for some reason I made the assumption that Piper was male. Our minds work in peculiar ways :)
 
Not all solicitors cost an arm and a leg - talk to people who have been there or perhaps friends of friends.

Make sure you get a valuation from a estate agent and ask them to back date it to the date he left. Some estate agents will charge you a fee if its for a divorce so don't mention it on the phone.

You are better off to get it over and done with now as it can take up to 3 years to go to court. the majority of these things are settled out of court so don't worry.
 
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