He cancelled mortgage payment help

[Confusedmummy2017]

We are in process of divorce etc I ended marriage in march without going into all the detail I just need advice regarding mortgage.

He only pays the mortgage nothing else we live totally seperate lives. He doesn't contribute to our child either and I have 2 other children.

He has cancelled the mortgage payment this month and taken his direct debit details off the account.

I earn 1/3 of his earnings cannot afford the mortgage as it stands now at over £800 and he knows that. Jan hasn't been paid.

Where do I stand I called them but they said to talk to him then call them back.

If he refuses to pay and I have to borrow can I make him leave so I can at least claim child maintenance and tax credits to help me pay it? I'm really worried it will affect credit rating.

Thanks

Is the mortgage in joint names
Are you living in the house

It's in joint names and we are both living in the house.

Thanks

The lender should give a better response than that. Try contacting them again. They may agree to accept reduced payments or even give a payment holiday while things get sorted out.

It is unlikely you would be able to get an order forcing him to leave. He has as much right to live there as you. You need to take proper legal advice and get on with divorcing him.

If you apply for an occupation order (no need to prove violence) the court can make an order forcing him to pay some or all of the outgoings on the property. within divorce the court can order he pays you maintenance until the case is sorted out.

Thank you so much. I have looked at the occupation order before, do you have any experience of this, what i would like to know is as i'm trying to save costs is it easy for me to do it without a solicitor?

Thanks again

I'd always advise you get legal advice for something like this. It's not a straightforward "he gave me a black eye, now give me an injunction" type of application, so there's more law involved. Last time I did one of these (last Autumn) I had all my case law ready to quote at the judge.

Far better I'd say to start divorce and sort things out through the divorce. The court has the power in divorce to order he pays the mortgage. Look at para 51 of the Financial Remedy Omnibus here (takes you straight to a Word document).

I think you may be able to claim tax credits if you can prove you live completely separately within the same house. I'm really not sure of the rules but I think you need to show you do not share meals etc. It's worth applying

Straight onto CMS for maintenance too

It is unwise of him to do this even from his own point of view. Because it will affect his credit rating. If you're both on the mortgage you're both responsible for paying it. I don't think tax credits will go anywhere near meeting a £800 a month mortgage payment. You need to divorce and have separate finances as he can't be trusted. See a solicitor immediately. I'd say he has done this for pure spite. Unless he genuinely can't afford the repayments.

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Yes you can claim tax credits if you live in same house but completely separately no washing/cleaning etc. You may well have to argue your case with them but don't take no for an answer

If you claim maintenance from him then combined with tax credits and your work you may be able to pay the mortgage. Bear in mind that he will need to house himself too and inevitably you will have less money.

Definitely yes to claiming any benefits as if you were living as a single person.
Be very clear of the situation when making the claim. But as a fraud officer of 30 yrs + (we also investigate TCs on behalf of HMRC) I would have no problem with this for a period of time - up to a year. I would then want to talk to the claimant and find out the long term plan. However at the moment , start claiming based on your sole income right now!