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Ex refusing to pay mortgage.

(17 Posts)
Cigarettesandsmirnoff Fri 28-Feb-14 16:27:02

NC as going to send link to friend.

My friends husband has moved out. They have two kids under five. He has completely checked out the relationship and tbh she is relieved as it was stressful in the house.

He has moved in with his family.

He is now refusing to pay towards the mortgage and wants her to sell. Wants a clean break hmm

He has been to the solicitor already and told her that, she can stay in the house till youngest is out of FT education OR she meets some one else, then she has to sell and he will receive half of the house, even though he is not paying towards the mortgage. There is about £20,000 equity.

She doesn't want to lose her kids home.

She works a few hours but is going to try get more and go on family tax credits but her incomings are not enough,

He has already checked how much CS He has to pay, £190 a month.

Can he refuse to pay mortgage ? Can he still claim half the house if she stays and pays it herself?

Is she entitled to legal aid for some good advice?


Cigarettesandsmirnoff Fri 28-Feb-14 16:30:51


Onesleeptillwembley Fri 28-Feb-14 16:36:17

If he pays maintenance for the kids that's it. He won't be required to pay the mortgage for a house he isn't even living in as well. But if the mortgage isn't paid it will affect both (I'm assuming both on mortgage) their credit ratings.

Cigarettesandsmirnoff Fri 28-Feb-14 16:37:42

Thanks one but as he has moved out of house and won't be contributing to it can he still have a claim on it n 10/15 years time?

Viviennemary Fri 28-Feb-14 16:42:45

If his name remains on the title deeds of the house he will have a claim . She needs advice from a solicitor.

Onesleeptillwembley Fri 28-Feb-14 16:46:08

Yes. He owns half. Shes living there, not paying rent to him for his half, the mortgage she pays would be classed as evening that out. I'm a bit unsure as to why she would expect to get the whole house. If they sell now, chances are she could get a larger share (but not all) of the equity to provide a home for the children.

Cigarettesandsmirnoff Fri 28-Feb-14 16:47:06

She is struggling now vivien I don't think she can afford one.

Cigarettesandsmirnoff Fri 28-Feb-14 16:55:27

She doesn't expect the house just to be handed over, but I think she is a bit shocked , he won't pay towards it because his two children are living there. He is pushing for a sale, so they will have to go in to rented or hostel to get on the housing list.

Viviennemary Fri 28-Feb-14 17:00:39

she could try the CAB. Or if she's in a Union some of the bigger ones can put you in touch with a legal advisor.

Cigarettesandsmirnoff Fri 28-Feb-14 17:06:59

Thanks vivien that's a good idea

LineRunner Fri 28-Feb-14 17:08:56

My ExH did this to me (and our young DCs). I borrowed some money and bought him out of any claim he had on the house (he bit my hand off, because he wanted to get a place with OW), and yes I had to take on the whole mortgage. I used to think Great, I've got custody of the mortgage...

On the other hand, I now own all the equity in my house.

Mi incomigs weren't too bad in the end: wages; child benefit; child support; child tax credit; working tax credit; and help with childcare costs from tax credits.

And I found freedom.

On the other hand, if the mortgage payments go into arrears, both will be liable for these, and he could cop for the whole lot under some circumstances.

TheXxed Fri 28-Feb-14 17:12:02

Is she in a university town, she could get a lodger. A female friend of mine lodged at a family home.

MooseBeTimeForSnow Fri 28-Feb-14 17:12:26

If she was able to buy him out now he would probably get less than 50%. Are there any other assets like pensions that need to be taken into account?

If the house is left until the children are older then yes, he would be likely to get 50% then. The mother and children have had the immediate benefit of the property and he has had to wait several years to receive his payment.

If they are both on the mortgage then they are jointly and severally liable. If he refuses to pay then the bank will expect the wife to pay in full.

Your friend needs to get some legal advice OP

LineRunner Fri 28-Feb-14 17:14:18

My ExH accepted a fraction of the equity for a cash payment into his account.

LineRunner Fri 28-Feb-14 17:15:06

But he kept all his pension rights.

Cigarettesandsmirnoff Fri 28-Feb-14 20:33:19

Thanks guys.

linerunner that's a good idea. I think she is going to sort her money and that will/may be an option

jadegreencake Sat 01-Mar-14 02:23:38

I am in a similar position - it is dreadful. A friend suggested asking mortgage company for interest only for a while but then do you need both people on mortgage to ask for that?

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