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Legal matters

In a mess and need all advice I can get !

12 replies

L4dyluck · 20/01/2013 11:41

But of a long one so bear with me..

XP and I were together 13 years in total,have one DS aged 9. We moved in together when I was 8 months pregnant and once we had DS we got into some debt and basically along with some other issues we moved into my mums house with her and my 2 younger siblings.

After 3 years we decided to get a joint mortgage with my mum and as he only had £35,000 left to pay in her mortgage we could pay her ex partner to come off the mortgage and pay off our debts and hers. A verbal agreement was decided that XP would pay all the mortgage as my mum had paid off our debts and he was the main earner,and we would divide the bills between us.

Roll on to present day and XP and myself split up last February as he wanted to start a new relationship with someone else. When we split we wanted to remain amicable as it was in everyone's best interest. So he agreed to pay the full mortgage and no maintenance.
He now has decided he just wants to pay maintenance of £300 (as this is what the CSA would take from him?)

I have seen a solicitor who says that the maintenance and mortgage are 2 separate issues an he is liable for a third of the mortgage and maintenance. But he says his solicitor is saying because he doesn't live in the house legally he doesn't have to pay anything?!

My problem is this, myself and my mum who both still reside in the house will struggle to pay the full mortgage by ourselves .. We both work 16 hours a week as she takes care of my son while I work. My siblings both have weekend jobs as they are at college and so can contribute very little at the moment.
I don't expect him to pay the whole mortgage but think he should pay his third plus an amount to be discussed for maintenance.
Also I cannot afford a solicitor as my overtime that I earn occasionally affects my qualifying for legal aid!
I work in retail so overtime is drying up at the moment.

He has said he will pay one more mortgage payment and that's it

Any advice will be greatly appreciated,thankyou.

OP posts:

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mumblechum1 · 20/01/2013 12:32

Is your ex partner named on the mortgage and on the deeds to the house?

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L4dyluck · 20/01/2013 12:35

Hi there yes he is on both the mortgage and the deeds. At the moment it also comes out if his bank account.

OP posts:

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L4dyluck · 20/01/2013 12:36

Sorry we are all named on them both.

OP posts:

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mumblechum1 · 20/01/2013 13:19

Ok, so he is legally obliged to pay the mortgage whether he lives there or not, however his solicitor is likely to advise him to apply for an order for the sale of the property so that he can get his share back and be rid of the obligation.

Equally, you and your mother, are also obliged to pay the mortgage. It's a "joint and several" liability, not a matter of each person owing one third (subject to anything you may have put into a trust deed when you made the arrangement).

Legally, there are various avenues open to you, but given that you say you can't afford to pay a lawyer, perhaps the most straightforward arrangement would be for your ex to agree to transfer his share of the property to you for nothing, in exchange for you and your mum undertaking to pay the mortgage. This is on the assumption that his share of the equity is not very high, but I don't know from your OP whether this is correct.

The lender won't take him off the mortgage account, so he will have difficulty taking out another mortgage in the future, but if he trusts you and your mum to pay the mortgage and is prepared to forego any share of the house on the basis that he's had the benefit of occupation for some time, that may be the best arrangement you can come up with.

It is a mess, though, and if he doesn't agree then you are going to have to sort it out through negotiation. I strongly recommend that all three of you go to mediation which is cheaper than using solicitors, and then once you have a deal, get solicitors to draw up an agreement which you will all be bound by.

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L4dyluck · 20/01/2013 15:22

Thankyou for your advice.
I am not sure that we have any equity in the house tbh as we need to get it valued.
But at the moment I just can't see how anything will get sorted as money will be do tight once my mum and I start paying the mortgage.

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RedHelenB · 20/01/2013 15:49

He's not living there therefore he can't be forced to pay as he will have to pay rent elsewhere.

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L4dyluck · 22/01/2013 11:20

No he can't be forced to pay but surely it's in his interest to pay as if we fell into arrears he gets bad credit as well ? I don't think he quite understands the ramifications of his decision.

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RedHelenB · 22/01/2013 12:53

It doesn't work like that believe me!! Where new relationships are involved it gets very messy & his no1 priority will be that. If there's no equity what does he actually gain from paying out for the mortgage, you need to see it from his point of view. Best thing from your point if view is to get him to agree there is no equity & sign his beneficial interest over to you in exchange for doing everything you can to get him off the mortgage. Remember his £300 pound maintenance, tax credits & child benefit all count as your income when applying for a mortgage.

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prh47bridge · 22/01/2013 15:17

It definitely does work like that.

If the mortgage falls into arrears it may go on his credit record as he is named on the mortgage. He remains liable. The fact he has moved out is irrelevant. The mortgage provider is entitled to take action against any of those named on the mortgage for any shortfall if the house is repossessed. Whether they would go after him or one of the other people named is up to them, but they will normally go for whoever they think is most likely to be able to pay.

As Mumblechum has already said, everyone named on the mortgage has a "joint and several" liability which means the mortgage provider can go after any one of them for outstanding debts.

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MOSagain · 22/01/2013 15:34

I agree with prh and mumblechum, both experienced lawyers ,that it does indeed work like that. If he fails to pay, as his name is on the mortgage, he remains liable and if he fails to pay action will be taken against him if the mortgage falls into arrears.

OP, please do not listen to people whose only legal knowlege is gained down the pub or from watching Jeremy Kyle.

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RedHelenB · 22/01/2013 16:09

I am not saying he's not liable if the mortgage goes into arrears BUT it may not bother him. I know my ex got into all sorts of financial trouble post separation & I was really glad i could take over the mortgage cos otherwise if he had been made bankrupt I may have lost mine & the kids home. All he was bothered about was his new life. And that is true with all but one break up that I know about, financially as time goes on exes pay less & less money over & above CSA requirements & some wriggle out of that!!!

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L4dyluck · 22/01/2013 19:15

Thankyou for all your replies. At the moment he is happy to freeze the value of the house as it stands at the moment and then fr me to carry on with the mortgage with my mum which we will have to see if we can cope with. BUT he does not understand the ramifications that if we can't and it falls int arrears it will affect him. Also that the likelihood of him being able to get another mortgage with his new partner is highly unlikely!
We will just have to see how it pans out I guess?