Divorce - stopped paying the mortgage

[KnowinglyNice]

I'm in the process of getting divorced and we are both still named on the mortgage but he has now stopped paying his half. He's a high earner and I'm on long term sick, the whole thing has been very stressful as been delayed for reasons outside of our control. He moved out and I live in the family home with our two children. Is this legal? Financial abuse?

I think you need to engage a solicitor who can threaten him with an court application for interim relief to get him to carry on paying it.

Doesn't seem right to me, please seek legal advice

You need to consider where you’re going to live long term.
I understand that he doesn’t want to pay the mortgage on a house that he’s not living in and that you may not have many choices financially. He’s damaging his credit rating but he may think it’s worth it to get revenge on you.
Your ex only has to pay Child Maintenance once assets have been split so if you can’t afford the house on your own or raise a mortgage then you’ll need to sell the house and move. If he goes for 50/50 custody (and he could get that) then no CM is due. He doesn’t have to pay your mortgage.
Do you have any idea what the house may be worth and what equity is in it? You’ll get at least 50% which may help you decide on some options which may include renting using your share of the house equity.

How long did you think he’d keep paying it for?

If you want to live there long term, either you need to buy him out, or have a court agreement about how it’s being paid for now and post divorce.

If you’re sick be unable to work, what benefits are you entitled to? It’s possible that you will be entitled to spousal maintenance and possibly interim maintenance too. You need legal advice.

It isn't true that 50/50 means no cm. When the parents incomes have a high disparity then often the higher earner will still need to contribute to the lower earner.

Get legal advice for free here:
www.rightsofwomen.org.uk

In the meantime contact your mortgage provider and explain what’s happening. They may be able to pause things or do something to help.

If he isn’t living in the house then you should be paying the mortgage.

If he was paying half of your mortgage would you be paying half of his rent?

How long ago did he move out? You must of realised the payments would of stopped some time?

If a judge allowed you to stay in the home (under a Mesher order) you would be expected to pay the mortgage, bills & upkeep in full.

If you are on long term sick with no salaried income then you will be expected to sell the house and rent.

First thing tomorrow call your mortgage company and explain the position. They may be able to give you a payment holiday or reduce payment whilst you sort this out.
You then need to contact him and tell him that whilst you are both named on the mortgage then you're both liable to pay and he'll get a shit credit rating if he continues this road. You need then to agree what is going to happen with the house in the divorce. So are you selling it? If you are then perhaps you can reduce the price for a quick sale if you can't afford the payments.
Either way this needs to be sorted ASAP really

How is it financial abuse him not paying a mortgage for a place he doesn't live in,? You need legal help

Do you expect him to may for 2 properties?

It’s financial abuse because he’s a co-mortgagee. It’s his debt too.

It’s called occupational rent. Where one person leaves and the other stays, because the one who stays has exclusive use of the property they pay their 50% of the mortgage and the other persons 50% as “occupational rent”.

Financial abuse? 😂😂
Jeez, this place overflowing with crazy sometimes.

Do you know where he's currently living? I know few people who would be able to afford to pay for TWO properties simultaneously (plus, presumably, CM). My concern would be he'd move back in if required to pay his mortgage contribution.

Obviously solicitor should be your first port of call though.

Yeah this..

You are both liable ru o make the mortgage payment which means if he doesn't that debt also falls to you.

Call a solicitor get the financial agreement in place. Talk to the bank key them now what's happening. They will see your payments being made and will give time for the court agreement. Your ex will then be asked to cover all payments he's missed and he'll be required to pay for you/DCs etc.

You need to sell the property if you cannot afford the mortgage on your own. There is no other way around it.

Straight fact is that in most cases you read about where the woman stays in the house, there are various reasons why- woman can afford to pay the mortgage as well as the bills etc is one- woman gets the house because their is lots of cash and a huge pension plan - and there is enough to pay off the mortgage -she keeps the house, he dearest of cash etc OR as in the case of my friend they came to an agreement that he stayed on the mortgage till kids were 18 , ( it was about 4 years away at that point) he continued to pay 50% and it was sold 4 years down the line - but by then she had a new partner , so they remortgaged and bought him out

He doesn't have a his half, it's a joint debt. If he doesn't pay you must pay in full. You can be repossessed if you don't keep up payments.

Why are you not able to work currently?

@Doggymummar a very important point that people miss-

Thanks for your help all. It's a small house and small mortgage.

Buy him out or he buys you out. Or you sell.

Go on universal. Credit they may help.pay it for a while and return on the sale. Go on turn2us ensure getting maintenace

Is he paying rent on wherever he's living?

Not many people can afford to pay rent plus a mortgage.

As others have said, you need legal advice. If he's a genuinely high earner you may get more equity/a generous divorce settlement - but he needs to be able to afford to live too.

Unless there's a big drip-feed coming, this doesn't sound like abuse, amd labelling his behaviour as abuse when it isn't risks making your split much more acrimonious.