Partner won’t pay mortgage and moving from fixed to variable rate this month

[TIA07]

Hello
I am going through a divorce and am a single parent with 2 young children. My ex will not pay the mortgage of one of our joint properties but lives there forcing me or his family members to pay it which is unaffordable as we have our own commitments. The mortgage is moving from fixed to variable rate this month which is doubling and if the mortgage is unpaid it will be set as a default and affect my credit rating as it’s a jointly owned property. I am going through court to seek financial remedy which is very costly with a solicitor and currently he is not engaging in which is a lengthy process: Is there anything I can do to stop these payments and this affecting my credit rating? Any advice would be much appreciated thank you

Have you spoken to the bank? Could you ask for a break in payments for 3 months?

payment holiday was my immediate thought. Failing that, is there a reason you can’t take out a new mortgage?

Pretty much anything would be cheaper than the bank’s default rate when you come off your fixed.

Hi thanks I have, the mortgage is interest only so they can only offer 1 month no payment but will still be listed as a default and affect my credit rating. My ex is living there but refusing to pay, lived there for 6m with 3 defaulted payments that I have had to sort out myself. No mortgage holiday can be offered as it’s an interest only mortgage so I feel really stuck

Need an order to force the sale
he can’t be forced to pay

If he's on the mortgage too its going to affect his credit rating too. Remind him of that.

I’m trying to get my solicitor to list a court hearing asap but the first available date is 3months away and this could go on for some time; I’m really worried about these payments in the meantime, the next doubled payment is due end of May. I have tried to reach resolution with him but he refuses to engage and same with court proceedings. Any advice would be much appreciated. I don’t think he works and he refuses financial disclosure to my solicitor. He wants to destroy my credit rating and I am feeling really stuck

Really feel for you. You will likely need to push and director your solicitor, chase them constantly.
It sounds like your ex doesn't care about his credit rating as his want to hurt you wins.
Order for sale is a must. Unfortunately my own limited understanding is there is nothing you can do besides court. So sorry, I hope someone else comes back with a better answer.

Maybe you would be able to get the lender to assign responsibility for only half of the mortgage to you and half to him - at least this was my experience when it happened to me in the 90s. But I would stop paying and let it get repossessed.

I'm sorry it sounds really difficult.

Apply to have it recognised and rectified that you are the only one that has been paying if there is equity to split when it is sold. His share of the payments should be taken from his equity. Keep records of any written discussions.

Thank you all so much

Speak to an independent mortgage broker if you have evidence that he isn’t paying his share of the mortgage then the broker will have contacts and be able to explain the default to a new lender who may be more
sympathetic. If it’s in joint names continue to pay your share