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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Paying mortgage after split

9 replies

Plancina · 20/04/2020 14:50

Seeking some advice here - my Ex lives in the house we own together and I now rent privately - my solicitor has advised that as I have to pay private rent, which is three times the cost of the mortgage, I should no longer pay a contribution to the mortgage, as Ex is a much higher earner than I am, and my share of the equity was agreed in the settlement to be frozen from point of split (two years ago). Ex is going crazy and saying I still owe half the monthly mortgage payment until he gets me off the mortgage which he has been dragging his heels on for 18 months. He can easily afford the payments alone and solicitor says judge would take the view that as he has enjoyment of the house he should pay the mortgage and in turn I pay all of my own rent. This is really stressing me out now because he can indefinitely delay taking me off the mortgage while expecting me to pay half of it and pay all my rent, this doesn’t seem fair.

OP posts:
ShellieEllie · 20/04/2020 14:53

Do as advised and stop paying him. He'll soon organise getting your name removed from the mortgage then.

Plancina · 21/04/2020 08:24

Thanks shellie - he keeps saying I am legally obliged to pay it which scares me

OP posts:
BentBastard · 21/04/2020 08:26

If equity was frozen at point of split, I don't see why you should continue contributing, but that's a fairness point, not a legal one.

NorthernSpirit · 21/04/2020 16:22

No, you’re not responsible for paying half the mortgage. He lives there, he should pay.

Blushingm · 07/05/2020 22:25

You're both equally responsible- mortgage co doesn't care if only one of you lives there

millymollymoomoo · 07/05/2020 22:44

You don’t have to pay
The mortgage will be joint and several which means that if either defaults they can come after either one of you to pay
You have to pay rent
He pays the mortgage and is living in your share of the house

Honeyroar · 07/05/2020 22:52

My friend is in a situation like this. Her husband left and rented a flat (mainly so he could shag his OW) but he still had to pay half the mortgage and bills until the house was sold. It was his idea to leave, he couldn’t just stop paying because he rents something else- not his ex’s problem.. However if the ex in the house is being awkward about selling etc (although they should have a couple of months to get back on their feet before having to sell) then I’d understand the wanting to push them a bit by not paying.

myangelalex · 08/05/2020 12:18

Can't imagine for a minute why you are paying half the mortgage if the equity is now frozen? Stop paying immediately

Toomanycats99 · 08/05/2020 12:23

When was Consent order done? Mine said I had to sell / remortgage within 12 months?

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