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



## piper (24 Sep 2005)

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?


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## D8Lady (24 Sep 2005)

*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


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## DrMoriarty (24 Sep 2005)

*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.


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## RainyDay (25 Sep 2005)

*Re: just dumped by husband*



			
				DrMoriarty said:
			
		

> arrange for your mortgage repayments to be covered solely by yourself from now on, and document everything.


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.


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## DrMoriarty (25 Sep 2005)

*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.


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.


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## WizardDr (25 Sep 2005)

*Re: just dumped by husband*

Has he not got entitlement to half the house ?


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## catseye (27 Sep 2005)

*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.


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## piper (14 Oct 2006)

*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


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## ajapale (16 Oct 2006)

*Re: desertion and house*

Hi Piper,
You should consult a solicitor who will be able to advise you.
aj


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## Marlen (16 Oct 2006)

*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???


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## 26cb (17 Oct 2006)

*Re: just dumped by husband*

With the credit cards you need to be the 'primary' card holder to change the 'conditions' or cancel....


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## ajapale (17 Oct 2006)

*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



Have you taken D8's excellent advice?


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## Guest120 (17 Oct 2006)

*Re: just dumped by husband*



ajapale said:


> Have you taken D8's excellent advice?



One would hope so, the original thread was posted some 13 months ago. 

Can't people let sleeping threads lie!


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## ajapale (17 Oct 2006)

*Re: just dumped by husband*

Bluetonic,

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

aj


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## Purple (17 Oct 2006)

*Re: just dumped by husband*

Get a solicitor Piper!! This is potentially a very complex issue.


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## piper (18 Oct 2006)

*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


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## mf1 (19 Oct 2006)

*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


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## SineWave (25 Oct 2006)

*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.


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## CharlieMcC (25 Oct 2006)

*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.


 
Noticed that! But for some reason I made the assumption that Piper was male. Our minds work in peculiar ways


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## idontknow (8 Nov 2006)

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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## imogen (10 Nov 2006)

Piper, I don't know your background or your gender, you are anonymous to me. 

I was just wondering, as you left the query here for 13 months, and you are concerned about legal costs, whether, although legal advice must be pretty urgent for you at this stage, it might be worth having a discussion with a counsellor first or even someone from the MABs (money advice and budgeting) service regarding the likely legal costs and your finances. 

I would imagine you must have very strong feelings about this which are making it hard for you to act. But I am only guessing and could be very wrong. Usually when you can't make a decision it's because you don't have enough information that is clear to you. But sometimes it's because there are other factors paralysing you.

With best wishes

Imogen


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