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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.

Ex stopped paying joint mortgage

23 replies

Tim3toputmys3lffirst · 25/09/2022 21:06

my ex moved out 6 months ago and we have a joint mortgage on the house I still live in. It’s currently up for sale with the intention to spilt the funds from the sale between us. However my ex recently stopped paying his half of the mortgage so I am left paying it all. Does this entitle me to more money when the house sells if I have proof he has stopped paying?

OP posts:
LemonTT · 25/09/2022 21:34

Probably not, but it depends on your circumstances. In any case the fact that you occupy the property entirely at his cost generally negates the share of the mortgage he owes you.

AriettyHomily · 25/09/2022 21:35

Are
You married?

cestlavielife · 25/09/2022 21:42

No
You are getting the benefit of living there
So you paying
Occupational rent
The split is 50 50 unless otherwise set out if tenants in common

millymollymoomoo · 25/09/2022 22:49

No
its joint and several liability
is he paying rent elsewhere?
agree with lemon and other posters
ys if you’re actively selling now it’s likely to only be a short while …..

Tim3toputmys3lffirst · 25/09/2022 23:12

No we weren’t married luckily. I’m sure we are joint tenants and not tenants in common. But I was sending half the mortgage to him as it still came out of his account, in the meantime he cancelled the direct debit still keeping my money I’d sent him.

OP posts:
millymollymoomoo · 26/09/2022 07:51

As you’re not married and Jen as joint tenants it does not matter who pays the mortgage- you are both entitied to 50%

Doingprettywellthanks · 26/09/2022 07:55

would you prefer he move back in and resume paying half?

MrsCarson · 26/09/2022 08:18

Tim3toputmys3lffirst · 25/09/2022 23:12

No we weren’t married luckily. I’m sure we are joint tenants and not tenants in common. But I was sending half the mortgage to him as it still came out of his account, in the meantime he cancelled the direct debit still keeping my money I’d sent him.

Cheeky bastard.
I hope you have kept proof of all this. Once you sell I'd want all the payments he kept paid back.

Doingprettywellthanks · 26/09/2022 11:08

MrsCarson · 26/09/2022 08:18

Cheeky bastard.
I hope you have kept proof of all this. Once you sell I'd want all the payments he kept paid back.

Once he’s deducted the rent he’s presumably paying whilst the op resides in the property he half owns

SeasonFinale · 26/09/2022 11:10

See a lawyer and sever the joint tenancy. Also set up your own direct debit to pay the mortgage direct. Perhaps ask if you can switch to interest only until sold.

Tim3toputmys3lffirst · 26/09/2022 13:49

How he has treated me is awful so I don’t feel bad about still being in the house that belongs to both of us.
can the joint tenancy be severed if it’s up for sale?
I am paying all the monthly mortgage payments myself now

OP posts:
Doingprettywellthanks · 26/09/2022 14:23

Tim3toputmys3lffirst · 26/09/2022 13:49

How he has treated me is awful so I don’t feel bad about still being in the house that belongs to both of us.
can the joint tenancy be severed if it’s up for sale?
I am paying all the monthly mortgage payments myself now

Ignore about joint tenancy being severed. Nonsense. Can only be done with both parties involved and him expressly wanting to be removed

Doingprettywellthanks · 26/09/2022 14:23

Tim3toputmys3lffirst · 26/09/2022 13:49

How he has treated me is awful so I don’t feel bad about still being in the house that belongs to both of us.
can the joint tenancy be severed if it’s up for sale?
I am paying all the monthly mortgage payments myself now

Where is he living??

Tim3toputmys3lffirst · 26/09/2022 14:49

I have no idea. He was made to move out when he was arrested and was advised not to contact me or come near the house

OP posts:
Doingprettywellthanks · 26/09/2022 14:51

Tim3toputmys3lffirst · 26/09/2022 14:49

I have no idea. He was made to move out when he was arrested and was advised not to contact me or come near the house

Is this a court order? Who “advised”? It’s an important detail

realynotfair · 26/09/2022 14:52

Having paid my half of the joint mortgage and rent for the children and I for 3 years while my ex delayed the divorce living in the family home alone I can see why he would do this. If he has to rent to pay elsewhere it's unsustainable to pay a mortgage as well. Wish I had stopped paying my half a lot earlier.

Tim3toputmys3lffirst · 26/09/2022 15:10

Doingprettywellthanks · 26/09/2022 14:51

Is this a court order? Who “advised”? It’s an important detail

The police advised him. A court order is in progress at the moment. Lots of things going on, and the mortgage payments is just another thing for me to worry about

OP posts:
Doingprettywellthanks · 26/09/2022 15:24

You need to get legal advice. Not from mumsnet. Really, contact a solicitor today and get the ball moving

Tim3toputmys3lffirst · 26/09/2022 15:47

Doingprettywellthanks · 26/09/2022 15:24

You need to get legal advice. Not from mumsnet. Really, contact a solicitor today and get the ball moving

Yes I agree, just wondered if anyone had gone through similar situation. Thanks

OP posts:
Whereisthelove2 · 27/09/2022 00:51

It’s jointly liable so if you continue to pay it all alone it will still be 50/50. You could stop paying it then when the house sells your both have to split the cost that was outstanding. Only it would impact on your credit file and getting a future mortgage. I’m paying 100% of mine too (since April). I want to keep the house so I continue to pay it.

gonnabeok · 27/09/2022 04:15

Just been through something similar. I contacted the mortgage lender who wrote separately to ex telling him he legally was responsible for paying his half. You can sever a tenancy at any point before sale. It's easy to do.you don't need his permission. You just need to serve him notice of it.

Doingprettywellthanks · 27/09/2022 07:40

gonnabeok · 27/09/2022 04:15

Just been through something similar. I contacted the mortgage lender who wrote separately to ex telling him he legally was responsible for paying his half. You can sever a tenancy at any point before sale. It's easy to do.you don't need his permission. You just need to serve him notice of it.

And? Did he start paying as a result of the letter?

Whereisthelove2 · 27/09/2022 10:01

@gonnabeok my mortgage lender said there was nothing they could do. Does this change things if your mortgage is fixed?

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