I have to pay her rent?

[TechnicallyLegal]

I have to pay her rent?

My wife and I are separated. Initially, she continued to live in the marital home, and it was an arrangement that sort of worked (given certain constraints). She was under no obligation to leave, was not being abused, threatened or subject to any moves by me to get her to leave.

She then chose to move out into rented accommodation as she found the arrangement "unbearable".

The mortgage we have is a joint one, and we agreed (verbally) that we would split the cost of this 50/50 in order we could maintain payments whilst the house is being sold otherwise we would default and the property would be re-possessed.

She has since consulted a solicitor who has told her that I am actually liable to pay some of her rent due to the fact I 'ended' the marriage and she is now having to maintain two households. Our daughter (who is 23) has moved in with my wife as a joint tenant in their accommodation and is therefore paying her share of the rent.

Apparently, my wife is to take what she pays in rent, the total cost of the mortgage, add the two together and split that expense 50/50 .... e.g. Rent £500 Mortgage £500, total cost to me would therefore be £500.

Is this correct?

[TechnicallyLegal]

Access to marital home?

My wife and I are separated. My wife has moved out of the marital home into rented accommodation.
We have a joint mortgage on the property, which we are currently paying 50/50 split.

What access rights does she have to the marital home? I have asked that she call or make an appointment before gaining access as opposed to just turning up. I have not denied her access, just requested it is at a mutually convenient time. She holds a key. Can she just enter as and when she pleases, does she have full rights to access the premises, or can I in actual fact restrict this? She has removed most (if not all) of her belongings (clothing etc) and all that remains really is accumulated 'junk' in the loft, none of which I would consider 'personal' belongings nor essential for her to obtain in order to live.

Thanks in advance.

[Kati]

Re: I have to pay her rent?

Are you currently divorcing?
It sounds like she might be trying to apply for spousal maintenance under s27 of the Matrimonial Causes Act 1973 (MCA) SEE HERE
and SPOUSAL MAINTENANCE FAQs

[TechnicallyLegal]

Re: I have to pay her rent?

We will be divorcing yes, but she is not going to apply for spousal maintenance. Unlikely she'd get it even if she did as our salaries are not dissimilar and her 'lifestyle' has not been affected. If anything, she will be better of than I will when this is all sorted.

No, this was definitely a suggestion that I am liable to pay some of her rent whilst she continues to pay for the mortgage (until the house is sold) due to the fact she has to maintain two households.

[Kati]

Re: Access to marital home?

What access rights does she have to the marital home? I have asked that she call or make an appointment before gaining access as opposed to just turning up. I have not denied her access, just requested it is at a mutually convenient time. She holds a key. Can she just enter as and when she pleases, does she have full rights to access the premises, or can I in actual fact restrict this? She has removed most (if not all) of her belongings (clothing etc) and all that remains really is accumulated 'junk' in the loft, none of which I would consider 'personal' belongings nor essential for her to obtain in order to live.

Has she agreed to your request?
Personally I think you are being more than fair by asking her to respect your privacy now she is not living there. It would be awkward for both of you if she just let herself in while you were entertaining guests or in the bath etc...

K x

[Kati]

Re: I have to pay her rent?

It doesn't sound right to me (although I'm sure other Beagles will know the ins and outs better) - IMO she would be worse off in the long run if she defaulted on the mortgage so it's in her interests to pay while the place is up for sale!
You could possibly suggest she pays towards the running costs/insurance on the house you jointly own if she wants you to pay half the rent on her new place?

[TechnicallyLegal]

Re: Access to marital home?

Yes, she has agreed to it, but circumstances change, and she may not be as amicable in future. I need to know if I can 'enforce' access rights; as you say, I may be entertaining et al.

[TechnicallyLegal]

Re: I have to pay her rent?

It doesn't sound right to me either, but I need to know for sure. I don't think she is trying it on, it would appear to be something a solicitor has advised her on, but it seems grossly unfair if she has decided to go her own way that I have to pay for that, certainly without a court order.

[Kati]

Re: Access to marital home?

Change the locks? Then she would have to respect your privacy and inform you if she was going to be turning up

[wales01man]

Re: I have to pay her rent?

Do you want to fight her through expensive solicitors? Get some advice from a Solicitor and sort it out if you talk to each other its better than going Legal with Solicitors and wasting your money

[TechnicallyLegal]

Re: Access to marital home?

I think that is a bit excessive, and would be at cost to me. If I can legally deny her access (even if she chooses to ignore this) then I need to know so I can take appropriate action should she enter the premises 'uninvited', i.e. call the Police to have her ejected.

[Amethyst]

Re: Access to marital home?

She does have access rights legally and if you wanted to remove those you would need to apply for an occupation order through the courts

Morally wise she should respect your privacy but legally if you change the locks, she could get a locksmith etc and everything could get very ugly very quickly, particularly as you are also arguing about the finances. I'd try and get to mediation as soon as possible and get an agreement in writing between you both while you wait for the house to be sold - not sure what your timescales are on divorcing but she may well push for it sooner rather than later now she has moved out and started seeing a solicitor.

[TechnicallyLegal]

Re: I have to pay her rent?

I am not going to go through any solicitors, even if she does. I can find out all I need from the Internet. Hence the question, is what she has been advised accurate?

[Amethyst]

Re: I have to pay her rent?

It depends heavily on each of your financial circumstances. She may be entitled to maintenance but if your financial circumstances are the same I can't see why, your daughter is 23 and presumably working and paying rent. The request for you to pay half her rent and half the amount she was paying to the mortgage in essence will result in you paying the full mortgage and her paying her rent. If she goes through solicitors she could go for a larger proportion of the property than 50%. The mortgage will be jointly and severably liable so if she stops paying they can go after you for the full amount, and vice versa. If she stopped paying her 50% of the mortgage she could pay her own rent. She could still be awarded 60-70% of the property.

Do you have much equity in the house?

Once one party goes to a solicitor they can often get told they MIGHT be entitled to something then blow that out of proportion a little to 'definitely should get' something and then things can go out of control quite quickly and the relationship that is left gets decimated.

[wales01man]

Re: I have to pay her rent?

If you are not going to use a Solicitor that's great can you speak to her through your daughter if needs and sort this before she goes for the Jugular As Amethyst says she may get a higher share of the House sale .
If you are getting help if the internet this is a good place to start