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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.

how can i make him pay the mortgage when...

(2 Posts)
cestlavielife Tue 28-Jul-09 12:35:03

with my exP i have a jointly owned joint mortgage on a buy to let mortgage (bought at height of property boom.....)

mortgage was covered by rental from tenants with small amount over (£200 "profit" per month).

the previous tenants moved out on 1 july and exP stated he would do all painting and decorating needed, find new tenants etc.

he said early july that he had found tenants and they would move in on 1 august. all well and good. only one mortgage payment missed.

i stated to him in email there was no money in the (still) joint account from which mortgage is paid (not my main account) other than to pay for painting and decorating, new replacement cooker and repair toilet.

next thing i hear is he has ripped out kitchen and is buying one in ikea (at 0 per cent APR); has ripped out carpets, architraves and skirting boards. he is going to "fit laminate flooring". now he says tenants will move in "second or third week august".

so now instead of one mortgage payment not covered by rental, there will be two. the account will go overdrawn.

i cannot fund it as paying rental on flat i had to move to with the dcs (domestic abuse).

he is living next door to the rental flat, in also jointly owned flat.

he has been under paying the mortgage on that flat by about £200 per month.

til now there was a balance of £2000 in the account from which mortgages paid, therefore it was being whittled down but was covered. now that account is down to £500 with mortgage payment dues to go out on 7 august... the account has an arranged overdraft facility so is ok for next month... but then??

as per CSA, he has a net income of "less than £5 per week" (and therefore pays no child maintenance). i have asked, from which account he is paying this major works? no response. he states that the deposit from tenants is being protected in govt insurance scheme - is not clear if he spending the deposit tho.

i work so clearly will be chased for money if it comes to it.

what can i do to make him pay money up?

a solicitor letter will cost me money but ultimately he can just not pay up right?

clearly I am going to need to go to court (my aim is to apply for sale of both flats and split the equity left over) but this will take time.

is there anything i can do to get him to pay up the rental seeing as he made decision to do this major work (without consultation) and this is what is delaying tenants moving in?

i suspect i can do nothing until can get it to court?

randomtask Tue 28-Jul-09 12:46:11

I would talk to the CAB. I don't know what you can do if you own the flats jointly and if he is using your joint account. I know we just opened a joint account and the moment you tell them you want it separated they freeze it. Could you move back into one of the flats to cut your rent out of the equation? I realise you may not want to do that if he was violent to you though.

See if you qualify for legal aid. My BF got a solicitors letter sent to her ex and it worked in scaring him into behaving better.

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