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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.

Mortgage

44 replies

Newnamedisguise · 20/02/2024 11:11

My ex left before Christmas. I've said I would pay mortgage for now in full as he left. He just needs to ring lender and authorise it. We have 50 50 share. He won't let me. So I said I would pay my half. He won't ring and authorise it. He wants me to put it in into his bank. He's already threatened to stop paying it twice. I am right in thinking I don't have to put it into his bank aren't I?

OP posts:
Farwell · 20/02/2024 21:47

SuperGreens · 20/02/2024 19:44

If I were you I would pay nothing to the mortgage, nothing to him, nothing directly. Completely stonewall him, change the locks, dont respond to any calls or messages and start putting as much as you can away in savings. It will take him years to legally evict you and force a sale. In the meantime you will have put enough away to rent a place for you and baby, possibly even get priority on a council house as you will be homeless with a baby. There is very very little he can do about this and everything he does will take a very long time. Enjoy the satisfaction of how incredibly frustrating this will be to him. And make sure you apply for child maintenance as well.

Don't do this!

If no one pays the mortgage, the house will be repossessed, which doesn't take years. And without the right permission, locking him out of a property he owns is also not legal. Alternatively he can also apply for a court order to force sale if he wants his equity out. With only £40k equity, any attempt at fighting it will end up eating that very quickly.
As a current home owner, she will be very low priority for council housing.

LemonTT · 20/02/2024 21:56

Attictroll · 20/02/2024 19:50

Arrange an appointment with the mortgage company asap but have your maths done and even work out if another lender would offer you the full mortgage amount plus the any monies you would need to buy him out. Would they or any bank offer you a mortgage on your salary for the whole amount on current mortgage. You can arrange to pay him any equity gained over time. Work out how much the value of the property has changed since you bought it and divide it in half. Ensure you have a paper trail of when you start paying in full as he should not be entitled to any equity from that point and if I came to a sale you need that acknowledged too.
Get the house valued either on line or via an estate agent soon to help you do the maths.

A lot of this is wrong. Whether she pays the mortgage or he pays the mortgage it is still owned 50/50. Unless they agree otherwise.

She cannot arbitrarily decide when he gets his share. A court can order a sale or a deferred sale. But the OP needs to take affirmative action to secure her future.

Attictroll · 20/02/2024 22:04

Yes still owned 50/50 but this description is exactly what I had to do ...to keep my home to move on from it being 50/50 to 100% mine and the home I'm sat in. I spoke to numerous lawyers and mortgage company's who advised me along the way. Dp stopped paying and from the day he stopped and I paid me it came off his equity in the legal agreement.

Attictroll · 20/02/2024 22:05

It is 50/50until legal agreement agreed but to get it I had to get a mortgage offer for the vale agreed then go through a lawyer.

Attictroll · 20/02/2024 22:06

Sorry about spelling juggling things. But this process is how I kept a roof over my head

Dubonet · 20/02/2024 22:10

Who is the mortgage with? I can't understand why, if you are named on the mortgage,they won't let you pay it. It's a debt owed jointly snd severally, you can pay it! Call and make manual payments, either by card or get their bank details and pay by bank transfer if you can afford to do so.

HappyToSmile · 20/02/2024 22:34

Are you sure you're on the mortgage? When I split with my ex, changing the account the payments came out of was really really simple. They just wanted the new account number and the name of the account owner. That was it!

Newnamedisguise · 20/02/2024 22:37

The mortgage company said that they will only take details off me if I want them to take full amount from mine ans from his. I can't even ring on the day its due to see if its been paid. I would be able to pay him off and afford all my bills, But I can't be on the mortage alone and parents are to old to go on it with me with that supplier. It's not due for renewal until next year.

OP posts:
Newnamedisguise · 20/02/2024 22:38

So does that mean I essentially jave ti be homeless with a baby in order to look like a need a council house?

OP posts:
easilydistracted1 · 20/02/2024 22:42

Can you not just transfer money to the mortgage account? I once accidentally transferred money to the mortgage account rather than between accounts although it was a really long time ago. But if he doesn't pay his stuff it's still going to trash your credit rating

Bichonmum · 20/02/2024 22:46

When I split with my exh, I just changed the direct debit to come out of my bank account.
They wouldn't let me take him off the mortgage so I just continued to pay the monthly instalments until the divorce was finalised and the house was sold.
The payments I made weren't deducted from his equity of the sale as he has been renting and that was taken into consideration.

Newnamedisguise · 20/02/2024 23:14

They won't allow me to amend anything. It's a direct debit out of his account straight to them.it annoys me because I can afford everything myself but because I'm a risk to them being part time they wont let me be on it myself . I've got nowhere to go.

OP posts:
caringcarer · 20/02/2024 23:27

You first priority.should be to secure CMS for your baby. Do that immediately. Then don't pay him half the mortgage if he refuses to pay any. The house will eventually get sold and you'll share the equity so you need to save up a deposit for a rental property for you and your baby. If you are living alone with a baby you should be able to claim UC. Have you got a claim in for this? If not do it immediately.

caringcarer · 20/02/2024 23:28

You also need to think about your baby going to nursery and going back to work full time. If you did this the mortgage company might allow you to get direct debit into your name.

Attictroll · 21/02/2024 07:06

Are you absolutely sure you are on the mortgage. My situation after dp moved out was that the mortgage had been coming out of a joint account. Dp closed it without telling me so the first I knew was a letter from the bank saying the mortgage hadn't been paid I called them and then set up new dd from my account. That was an awful day but also they day I knew I needed a lawyer as reasonable communication had broken down

candgen625 · 21/02/2024 07:15

The best thing you can do is sit and talk calmly with you ex. Agree to paying the mortgage for now and set a time for when the house will go on the market. For example once baby is one or whatever works.

Sounds like you have both gotten into a cycle of bad communication which is going to make everything worse

Overthebow · 21/02/2024 07:18

Newnamedisguise · 20/02/2024 23:14

They won't allow me to amend anything. It's a direct debit out of his account straight to them.it annoys me because I can afford everything myself but because I'm a risk to them being part time they wont let me be on it myself . I've got nowhere to go.

How old is your baby? You may need to go back to work earlier than planned and go up to full time. You might then be able to take on the mortgage yourself, or be able to rent a house by yourself.

Keepingthingsinteresting · 21/02/2024 07:30

Hi @Newnamedisguise . You are giving some answers that contradict each other. First thing, are you definitely on the mortgage and tile (deeds)? I ask this as you keep saying the mortgage company consider you too much of a risk. If you are, you can contact the lender and change the direct debit- I don’t think it’s right they will only allow you to add a DD (rather thanks swap the existing one to a new account) but if they are difficult does it matter to you? You have said you can pay the whole thing, so do that, if by his pig headed mess he also ends up paying the same amount that is his problem (& mortgage gets paid down quicker) - just make sure you write out you will be doing that so he has time to stop being an idiot.

You want to do this as otherwise you risk defaulting on the mortgage, which will trash your credit score.

MadeForThis · 21/02/2024 09:20

Don't default on the mortgage.

Stop paying any credit that is in his name only. Sofa and kitchen? Let him pay that. Especially if he isn't paying any maintenance.

Put in a claim with cms. Although he will pay less as he is living with a woman and her children.

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