Advanced search

Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.

Mortgage/rent problem - advice please

(4 Posts)
largerleon Thu 25-Feb-16 22:38:19

Hi, sorry if this is long or rambling or both:
I am living in a house jointly mortgaged by me and XP. He moved out nearly 3 years ago & has contributed nothing towards the house since then. However he retained 'his' front door key as he had allegedly been advised that to give it up would mean losing any financial stake in the house.
I am now pissed off with this and him coming in the house to snoop when I'm not there and the kids are at school, so I have, with his agreement, put the house on the market. Fair enough.
I have now found somewhere to rent for me and the kids, and approached the mortgage company about taking a payment holiday for about 3 months, to enable me to pay said rent whilst not affecting my credit rating by defaulting on the mortgage. They said no, as a payment holiday is not to be used for paying another bill, like rent.
My question is this - can I get XP to pay any of the mortgage? If so, how? If not, do I risk my future financial score by simply not paying the mortgage? Do I tell the nationwide that I can't pay it? They said as we technically split up almost 3 years ago I can't use that as the reason for a payment holiday, I suppose I could say I'm having to move out because I'm frightened for my safety as he still has a key, which isn't that far from the truth?
I am at a total loss as to what to do. I don't want to lose this rental house. Any advice gratefully accepted, thank you smile

19lottie82 Fri 26-Feb-16 11:33:52

I'm afraid if it's a joint mortgage then you are both liable for the mortgage, jointly and separately.

Basically there is no your half / his half.... All the mortgage company cares about is that it gets paid, not who pays it. So if you don't pay the full mortgage the mortgage company will chase either or both of you for the full payment. And TBH it will prob be you, as they have been dealing with you most recently, you will be the most easy to pursue.

You can't force your XH to pay "his half" no, because as explained, there is no "his half".

Saying that you may be able to get round this with some kind of court order, but that's not an area I'm too clued up about. You'd need to consult with a lawyer and taking the issue to court would prob cost more than 3 mortgage payments.

What will happen if you take the rental property and it takes more than 3 months to sell the house? I'd stay where you are until the house has sold and you have a move out date, rather than commuting yourself to rent AND a mortgage. Unless you can afford both for the foreseeable future that is.

19lottie82 Fri 26-Feb-16 11:35:55

Your only real options here are

1 - continue paying the mortgage in full, knowing your credit rating will not be damaged.

2 - pay none of it or part of it, informing your XH that he will need to pay, otherwise both your credit ratings will be trashed. Obviously this is risky.

largerleon Sun 28-Feb-16 13:17:52

Thanks Lottie for your advice.
My mum has come to the rescue and has said she will pay the rent (or give me the money to do so) until the house is sold. Phew! I was trying not to involve her as she's bailed me out loads over the years and I feel like a burden, but am, as ever, grateful to her. Plus my credit rating will be unaffected. I wonder what next week's crisis will be? Last week I was told I don't earn enough to afford the rent and my parents can't be guarantors as they're retired. Managed to get around that one too.
Thanks again X smile

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now