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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.

Original poster

Ex decided to stop paying mortgage

106 replies

Chocolateandbananas123 · 09/02/2023 14:26

Hope someone can offer advice please?
split up from my partner in September after 10 years. We aren’t married but have a joint mortgage. He’s been paying the mortgage since he left, which has been fine and I’ve not asked for maintenance because of this.
I want to sell the house and split 50/50 after the mortgage has been paid. Estate agents have been round, everything is ready to go but he is blocking the sale by not signing the paperwork until we reach a financial settlement, he hasn’t told me what it is but I think I Know that he wants an extra 35k due to money his parents lent when we brought the house. He won’t speak via phone only through text, with lots of ridiculous emojis!
Todays text has been that has stopped paying the mortgage on the house, I’m not currently in a position to pay as I don’t earn enough.
Can he legally just stop paying the mortgage?
I want the house to sell, I don’t want to be stuck there. How long can we go without paying the mortgage before it’s repossessed? Many thanks in advance for anyones help and advice.

OP posts:
Original poster
Chocolateandbananas123 · 11/02/2023 12:32

Catapultaway · 10/02/2023 12:07

Does the father/s of your other kid/s contribute?
He sounds awful. I would give up the £17.5k personally and get CMS involved straight away.

Yes my other daughters dad pays child maintenance, always has done and more recently I’ve had to ask for help with paying for extra things for her which he has also helped with.
The total amount gifted by his parents was actually 70k, so my half is 35k

OP posts:
Original poster
Chocolateandbananas123 · 11/02/2023 12:39

To get the house sold quicker, I was thinking of agreeing to the 35k extra to him. If he will start paying maintenance and mortgage until house is sold.
atleast then I can be rid of him as much as possible and move on faster

OP posts:
RandomMess · 11/02/2023 16:54

You could say he keeps the full £70k if he covers all the legal and solicitor and estate agents fees etc?

RandomMess · 11/02/2023 16:55

Regardless of him paying the mortgage or not out in your claim via CMS as it will not be back dated.

Also him paying 50% of the mortgage is him investing in his asset.

rwalker · 12/02/2023 15:10

Chocolateandbananas123 · 11/02/2023 12:39

To get the house sold quicker, I was thinking of agreeing to the 35k extra to him. If he will start paying maintenance and mortgage until house is sold.
atleast then I can be rid of him as much as possible and move on faster

That sounds like a good option
as other people have pointed out thousands can get easily swallowed up in Legal fees arguing

Original poster
Chocolateandbananas123 · 13/02/2023 11:44

I have put in a claim with CMS this. Have also offered 17,5k towards gifted amount but had no reply, so will leave that.

OP posts:
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