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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.

My ex husband refuse to pay half of the mortgage

93 replies

hkgihdhgj · 19/07/2023 22:47

we have court order, I must sell the house and he get half of the property,
I did appeal, but failed, he lied everything in the court. and Judge believed him,
I got panic attack and trauma in the court hearing, I lost my minds. I have mental health reports, Judge just ingore it
Now I got issue to pay the mortgage, I am paying all of the mortgage, but interests so high, I am on unversal credit only, I cant afford it anymore. I am selling the property now. I dont know how long I can sell it. I paid the deposit ,but he got half of property, now he refuse to pay half of mortgage, anybody can help me out please ?
Can I apply for any court order force him to pay the mortgage ?

OP posts:
hkgihdhgj · 20/07/2023 12:13

PowerBMI · 20/07/2023 12:07

Yes mortgage rates are making things difficult.

But I didn’t say you expect him to pay the gas etc. the mortgage and rent is a household bill, which is usually the responsibility of the person who has sole use of the property.

If he is paying child maintenance that’s his contribution and he does have to pay more. Which doesn’t help you.

Going back to court would likely cost you more money, in which time, the house may sell anyway.

You don’t want to say how long ago the judgement has been or when the house went up for sale, so I am guessing you have been dragging your feet.

Call your mortgage company and make sure the house is priced reasonably.

If you can not work due to illness, are you reviving all the benefits you can? Have you applied for Pip?

The Judge made the dicision on March, We need value the house, pay the people from RIS to value the house, I didnt delay to sell. House need be sold by house assocaition first. No buyer to view house yet.
Both of us no solicitor, I didnt pay any money for court. I dont know what is PIP, i just know it recently, I did apply it, no outcome yet.

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PowerBMI · 20/07/2023 12:15

hkgihdhgj · 20/07/2023 12:13

The Judge made the dicision on March, We need value the house, pay the people from RIS to value the house, I didnt delay to sell. House need be sold by house assocaition first. No buyer to view house yet.
Both of us no solicitor, I didnt pay any money for court. I dont know what is PIP, i just know it recently, I did apply it, no outcome yet.

No the original judgement.

March was your appeal?

hkgihdhgj · 20/07/2023 12:17

PowerBMI · 20/07/2023 12:07

Yes mortgage rates are making things difficult.

But I didn’t say you expect him to pay the gas etc. the mortgage and rent is a household bill, which is usually the responsibility of the person who has sole use of the property.

If he is paying child maintenance that’s his contribution and he does have to pay more. Which doesn’t help you.

Going back to court would likely cost you more money, in which time, the house may sell anyway.

You don’t want to say how long ago the judgement has been or when the house went up for sale, so I am guessing you have been dragging your feet.

Call your mortgage company and make sure the house is priced reasonably.

If you can not work due to illness, are you reviving all the benefits you can? Have you applied for Pip?

My son love his school very much, he doesnt wanna leave, I am very sad for him to change school.
My ex wanna my son finish his trip in the last year of the school, but the house is in the market, this is out of my control, maybe it will sold soon before the school trip. I asked Judge ask us stay in the house until son turn 18, but no way. the mortgage was not that much before interest go up,

OP posts:
hkgihdhgj · 20/07/2023 12:19

PowerBMI · 20/07/2023 12:15

No the original judgement.

March was your appeal?

original Judgement is put the house in the market on March of this year.
We need find lawyer, find estate agent, find RIS, I did appeal as well. 5th of July refused my appeal.

OP posts:
PowerBMI · 20/07/2023 12:21

hkgihdhgj · 20/07/2023 12:17

My son love his school very much, he doesnt wanna leave, I am very sad for him to change school.
My ex wanna my son finish his trip in the last year of the school, but the house is in the market, this is out of my control, maybe it will sold soon before the school trip. I asked Judge ask us stay in the house until son turn 18, but no way. the mortgage was not that much before interest go up,

Even if the judge had allowed you to stay in the house until your son was 18, you still wouldn’t be able to afford it now and be having to sell anyway.

A judge wouldn’t have granted you the right to stay in the home and your exhusband pay a portion of the mortgage.

The judgment about the house doesn’t really matter. Because you would still be unable to afford the mortgage and be selling

PowerBMI · 20/07/2023 12:22

hkgihdhgj · 20/07/2023 12:19

original Judgement is put the house in the market on March of this year.
We need find lawyer, find estate agent, find RIS, I did appeal as well. 5th of July refused my appeal.

Another thread of yours says the deadline for submitting the appeal was early march. So the judgment was before then?

When did you put start the selling process?

hkgihdhgj · 20/07/2023 12:26

PowerBMI · 20/07/2023 12:22

Another thread of yours says the deadline for submitting the appeal was early march. So the judgment was before then?

When did you put start the selling process?

Yes, put the house in the market on 13th March, this is court order, I did appeal at March as well, they asked for transcript, the Judge delayed it, I didnt get transcript , the deadline for submit Judgement at May. The court officer people forgot my appeal document whole month. I dropped them in th court in person on May. on20th June they passed the document to Judge, 5th of July refuse. Meanwhile I was prepare for house sell as well.

OP posts:
hkgihdhgj · 20/07/2023 12:29

PowerBMI · 20/07/2023 12:22

Another thread of yours says the deadline for submitting the appeal was early march. So the judgment was before then?

When did you put start the selling process?

The Judge refused to give me transcript. That is proof he done something wrong in the court I think.

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hkgihdhgj · 20/07/2023 12:43

My ex stolen every my single bank card 7 years ago, he showed to the Judge on that final court hearing day. before I dont know this. I have panic attack ,suddenly all bad memorty came back, flashback immediately, I lost normal reaction to fight it back. like PTSD , too many bad things happen, I lost judgement to fight against. because 7 years ago, that accident cause me have panic attack , is my ex also. It is too much.. ... my brain stops think properly. like a round of metal on my head, I am unable to think correcly. I know for normal person, they will think what i say is excuse. But for me, for my therapy psychologist they understand me well. It is my fault, I didnt know this could be a my big mistake or my fault not have anyone to represent me in the court. I dont say I must stay, but at least is not 50:50 split. To be honesty.

OP posts:
Loverofoxbowlakes · 20/07/2023 12:45

From your posts on this thread, I can't see that the judge should have ordered any other outcome.

You are separated (divorcing?) and your ex wants to be released from the house and take his equity. Mesher orders (where resident parent stays in the house until dc is 18) are VANISHINGLY rare these days, and in any case YOU would be expected to fund the entire mortgage and bills in exchange for living there by yourself. Your ex needs to fund his own home, and shouldn't be expected to pay for yours too.

The bottom line is you have been ordered to sell, legitimately, and ALSO you now cannot afford to stay. Just sell the house and move on as best you can.

hkgihdhgj · 20/07/2023 12:49

Loverofoxbowlakes · 20/07/2023 12:45

From your posts on this thread, I can't see that the judge should have ordered any other outcome.

You are separated (divorcing?) and your ex wants to be released from the house and take his equity. Mesher orders (where resident parent stays in the house until dc is 18) are VANISHINGLY rare these days, and in any case YOU would be expected to fund the entire mortgage and bills in exchange for living there by yourself. Your ex needs to fund his own home, and shouldn't be expected to pay for yours too.

The bottom line is you have been ordered to sell, legitimately, and ALSO you now cannot afford to stay. Just sell the house and move on as best you can.

yes, thanks.

OP posts:
Loverofoxbowlakes · 20/07/2023 12:50

hkgihdhgj · 20/07/2023 12:43

My ex stolen every my single bank card 7 years ago, he showed to the Judge on that final court hearing day. before I dont know this. I have panic attack ,suddenly all bad memorty came back, flashback immediately, I lost normal reaction to fight it back. like PTSD , too many bad things happen, I lost judgement to fight against. because 7 years ago, that accident cause me have panic attack , is my ex also. It is too much.. ... my brain stops think properly. like a round of metal on my head, I am unable to think correcly. I know for normal person, they will think what i say is excuse. But for me, for my therapy psychologist they understand me well. It is my fault, I didnt know this could be a my big mistake or my fault not have anyone to represent me in the court. I dont say I must stay, but at least is not 50:50 split. To be honesty.

What do you think the judge did wrong op?

For something that happened 7 years ago to be relevant the impact must be ongoing. How long were you married?

PowerBMI · 20/07/2023 13:02

A quick google says that the landlord for your shared ownership, has up to 12 weeks to find a buyer from being notified you want to sell. I’d they don’t, it can be sold on the open market. Is that correct?

12 weeks would take you to early June. What’s happen in the 6 weeks since then regarding the sale?

I do get you are in an awful position. But the judge decision, which seems to be fuelling your upset wouldn’t have improved your situation. You would still be able to not afford the mortgage and have to sell.

I am confused about what you were appealing. As in March and June and July, mortgage rates were going up massively already. You must have known you wouldn’t be able to live there for much longer?

What did you want the judgment to be?

hkgihdhgj · 20/07/2023 13:03

Loverofoxbowlakes · 20/07/2023 12:50

What do you think the judge did wrong op?

For something that happened 7 years ago to be relevant the impact must be ongoing. How long were you married?

13 years, The Judge refuse to see my envidence after he saw these close bank card photoes.

these all are expired 10 years ago and closed. He doesnt believe any word I said. I says I need show proof, they totally ingore me, forget it. not improtant anymore. All liers won.... very funny court systerm .,,,,, no justice at all.

OP posts:
rwalker · 20/07/2023 13:08

I think your expectations are unrealistic
think the best you can do is try for a mortgage holiday
you can’t force him to pay
my friends son had to pay full mortgage in a house he couldn’t live in as his ex refused and wouldn’t move out snitching he could do

RB68 · 20/07/2023 13:10

what you can do if you pay the mortgage is when the sale completes is deduct the amounts owed by him from any capital before returning to him - this should be done via solicitor. You wont get anything from him as he is forcing your hand here

TheSeaDoesntKnowMyName · 20/07/2023 13:11

hkgihdhgj · 20/07/2023 12:29

The Judge refused to give me transcript. That is proof he done something wrong in the court I think.

The Judge is not giving proof of wrongdoing by not sharing the transcript

It's not a conspiracy against you

Annfr · 20/07/2023 13:13

MintJulia · 20/07/2023 11:32

OP, in the kindest way, you should have sold the house as soon as the judgement was made. The best you can do now is sell as soon as you can.

No it is not reasonable to ask your ex to pay half the mortgage. You are divorced and he is paying for his own home, while you have the full benefit of the house.

You really need to find work to provide for yourself.

I hate this argument. It isn't reasonable for him to pay his share of the mortgage but it is for him to have half the profit? It's not like paying rent on the house, it's an asset he's going to profit from.

PowerBMI · 20/07/2023 13:17

hkgihdhgj · 20/07/2023 13:03

13 years, The Judge refuse to see my envidence after he saw these close bank card photoes.

these all are expired 10 years ago and closed. He doesnt believe any word I said. I says I need show proof, they totally ingore me, forget it. not improtant anymore. All liers won.... very funny court systerm .,,,,, no justice at all.

But what evidence?

Your exhusband stealing your bank card 7 years ago wasn’t going to impact the divorce settlement. What else did the evidence prove?

hkgihdhgj · 20/07/2023 13:20

I don't know if he broke the law or not, but he's got a lot of latitude in his judgment, and it's up to him.
But judges are human beings. They make mistakes. He misinterpreted all my pathological reactions, and in my case, in all honesty, his decision was right, to sell the house, but not to split it half and half, unlucky, and I can't do anything about it, and it's no use complaining about it. I did what I could.

OP posts:
FreeRider · 20/07/2023 13:20

Nobody can force him to pay his half of the mortgage. This happened when my parents divorced, my mother took my father to court, the court ordered the house sold and the equity split. By the time the house sold the mortgage hadn't been paid in nearly 18 months....my mother was only working part time and couldn't afford to pay it on her own. After the bank took all their fees etc there was hardly and equity left.

That was 33 years ago, my mother has lived in a housing association flat ever since. My father's other woman already owned her own property, they married and have now been married 10 years longer than my father was married to my mother.

Thisismynewusername1 · 20/07/2023 13:26

Unfortunately you are looking at this the wrong way.

it’s as simple as you live there, he doesn’t. Why should anyone pay half a mortgage and bills on a property they don’t live in? Are you paying half his bills on his new property? Why not? Why should he pay yours and his?

at the best you can expect not to have to pay him his half of the capital until your child is 18.

if you can’t afford the house you will have to downsize or find an alternative. It is not your ex’s responsibility to pay the bills on your house.

speak to the bank. You may be able to arrange something- interest only mortgage, payment holiday, or extend the term so your payments are lower.

it is your responsibility to pay for your own home.

hkgihdhgj · 20/07/2023 13:28

PowerBMI · 20/07/2023 13:17

But what evidence?

Your exhusband stealing your bank card 7 years ago wasn’t going to impact the divorce settlement. What else did the evidence prove?

it is obviously , people stolen your stuff, and show envidence in the last minute , to make you feel panic attack , traumarise and Judge will not believe you anymore, becaue he thought you not disclose your form E to Judge . not respect Judge . this is common sense. Afterall Judge ignored me totally. Even if I am that one is telling the truth. Noone believes me, nobody interested in your envidence, you will feel more panic attack, more get lost of your minds, it is an circle. If I am the Judge , I never know what is panic attack, I dont know , I just know her reaction is not normal, she was lieing absolutely. So this is my outcome sadly.

OP posts:
Deathbyfluffy · 20/07/2023 13:30

hkgihdhgj · 20/07/2023 10:24

yes, it is shareownship house, it takes time to sell it. I did appealing once, it was refused.
I dont know how to say, My head was totally locked in the court hearing. It is hard to explain when you have trauma, it is not easy to think wider... I plan to buy anther shareownship house , but the house association said I need sell mine first. The interest is higher, My ex salary is doubled than my income. My son live with me, he is his son as well.
I am not easy to have mortgage to buy something , even 1 bedroom, I am not eligiable to have the mortgage , but he definitely can buy good one, I have all medical report for my mental health issue which cause my domestic abuse. It is sad the Judge not consider my side. My ex also think the Judge did shit job.

But why did you appeal? If you'd just got on with selling when the court told you to the first time, it'd probably be sold now and you'd be in a much better position.
If you're in the house alone, it's not fair to expect him to pay half as he has his own rent to pay now. You're in the house, so you should be paying for it.

hkgihdhgj · 20/07/2023 13:31

I just got CAB advice , guys dont need argue , just need get solution. hank you for your email. We have some information relevant to your query on our publicly accessible website: www.citizensadvice.org.uk and suggest you look at the following: Reducing your monthly mortgage payments (EWS)https://www.citizensadvice.org.uk/debt-and-money/mortgage-problems-debt-and-money/mortgage-problems/cutting-down-your-mortgage-costs/ You should speak to your mortgage lender as soon as possible if your ex-partner is refusing to pay their half of the mortgage, as most lenders are more lenient if they are informed about changes of circumstance in advance. They may be able to offer you reduced payments or interest-only payments. You could also apply for a transfer of equity to remove your ex-partner’s name from the mortgage, though you would need his consent in order to do this.If the court ordered your ex-partner to continue paying their half of the mortgage, you can contact the court to enforce this. Otherwise, your only option would be to speak to a solicitor to see if this can be added to your court decision.See also:If your ex-partner has left your home (EW) § Paying your rent or mortgagehttps://www.citizensadvice.org.uk/family/if-you-were-living-together/your-ex-partner-has-left-your-home/#h-paying-your-rent-or-mortgageCheck what benefits you can get (EWS)https://www.citizensadvice.org.uk/benefits/benefits-introduction/what-benefits-can-i-get/ 

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OP posts: