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Original poster

Not paying for half of the mortgage.

31 replies

Emerald4512 · 29/04/2020 17:35

Hi all,

My STB ex husband are currently going through a divorce and I am in the process of buying him out of the house (remortgaging). Due to covid, it has slowed down the progress and he has got angry. He is now stating that he will only pay a contribution towards the mortgage, even though it's in both of our names, and for every month he has to wait for the remortgage, he will drop down his contribution.

Does anyone know if he can legally do this?

Thank you for any replies. ❤️

OP posts:
Brakebackcyclebot · 29/04/2020 17:44

He is still on the mortgage and deeds until you transfer the property & mortgage into your name. So he is still jointly liable with you. I would point this out to him.

Can you take a mortgage holiday for 3 months? Just an idea.

LovingLola · 29/04/2020 17:45

No he can’t.
You are both liable for the full amount outstanding.

prh47bridge · 29/04/2020 17:48

In the absence of a court order he can legally do it. However, it won't change the fact that he is jointly liable with you for the full amount. If you only pay 50% of the mortgage plus his contribution you could both end up with bad credit records. Also, if the finances haven't been finalised yet his behaviour could impact the settlement.

Mintjulia · 29/04/2020 17:49

He can’t but agree the answer might be a mortgage holiday. Then you both equally opt out of payments for this period.

TyrionsNextWife · 29/04/2020 17:55

I would tell him that if he’s not paying his half, the mortgage payments will be short which will result both your credit ratings being damaged. A damaged credit rating means you’ll struggle to remortgage and he’ll be stuck with the house for a lot longer.

cabbageking · 29/04/2020 18:04

I would be deducting what he hasn't paid from any negotiations.

He can't have it both ways.

Original poster
Emerald4512 · 29/04/2020 18:15

Hi all, thank you so much for your replies and advice. I have just looked into whether we could get a mortgage holiday and unfortunately our mortgage lender isn't allowing us one due to both parties' salaries not being affected by coronavirus.

OP posts:
Collaborate · 30/04/2020 09:40

As you are buying him out it is presumably the case that you accept that you can afford to pay the mortgage on your own. The order presumably contains an indemnity and undertaking from you to be responsible for the mortgage. If I were him I would stop paying entirely - especially if you are paying him for his share of the property.

With equitable accounting you may expect that any occupation rent you pay to him would cancel out his mortgage contributions.

Original poster
Emerald4512 · 01/05/2020 10:29

I can yes however it doesn't make sense for someone to not pay for their part of the mortgage and yet expect half of the equity once I've remortgaged? I've done lists of things to the house since he left, which has increased the value of the house, but haven't mentioned this as it was my decision to make the changes.

Thank you for your response though Collaborate - I am grateful for any responses as I am not sure what is right or wrong at this point.

OP posts:
Collaborate · 01/05/2020 10:51

If I were advising him I'd have told him to stop paying by now and I'd be satisfied that the court would do nothing about it. You don't want him moving back in, so you pay all of the mortgage. The only circumstance in which someone who has left a property carries on paying the mortgage on top of child maintenance is if the person who remains cannot afford the mortgage on their own. That clearly doesn't apply in your case. Consider yourself lucky he paid half of it until now.

PrincessButtercuppp · 01/05/2020 16:07

Agree with collaborate, you are incredibly lucky he paid anything at all as he doesn't have to.

Original poster
Emerald4512 · 01/05/2020 23:27

I've had a conversation with my solicitor today and she has stated that he does need to continue to pay for half of the mortgage if he wants half of the equity in a few months so it's interesting that there is different advice.

OP posts:
Collaborate · 02/05/2020 05:44

If you have an agreement evidenced in writing that you are to buy him out for £x, and that doesn’t specify he is to carry on paying the mortgage until then, you’re in trouble. If you have a draft order, or even more, an actual order, to that effect, you’re stuffed.

If all you’ve got is a vague understanding that you’ll buy him out for £x then you can probably renegotiate.

PrincessButtercuppp · 02/05/2020 07:25

This is very interesting. My ex doesn't pay any mortgage but is still wanting half the equity and my solicitor says that is normal. I am occupying his half of the house so that rent charge cancels out his mortgage.

Original poster
Emerald4512 · 02/05/2020 09:47

Oh gosh I'm panicking now that I might be 'stuffed!' My solicitor has said that because both names are on the mortgage, and it is a 50:50 split, we are both responsible for paying half of the mortgage each. I don't know if it makes a difference that our son lives here full time or that he chose to leave? Law seems to be very tricky and not as black and white as I first thought.

OP posts:
Gemma2019 · 02/05/2020 11:02

You should speak to your mortgage lender, explain the situation, tell them this has now reached solicitor level involvement and say that you need to switch to interest only starting immediately until the property is remortgaged. That way there is no more equity being created, and an interest only payment would be very low and you could easily pay that yourself.

prh47bridge · 02/05/2020 11:21

we are both responsible for paying half of the mortgage each

You are almost certainly jointly and severally liable. That means you are both responsible for the full amount. If the mortgage is unpaid the lender can come after either of you for the full amount and you will both get bad credit records. If the lender repossesses the property and a sale doesn't cover the mortgage they can come after either of you for the shortfall. They don't have to claim 50% from each of you.

As Collaborate says, if all you've got is an understanding that you will buy him out (which is what I assumed from your OP) you may be able to renegotiate with him. If there is a court order or a written agreement that doesn't say he must carry on paying you are on very shaky ground.

PrincessButtercuppp · 02/05/2020 11:38

@Gemma2019 I have thought about that, putting it on interest only...would I need his consent as the other borrower to do that? I wonder whether this is a good idea as I am fed up of increasing the equity while he stalls

Gemma2019 · 02/05/2020 11:54

It's definitely worth asking the lender Princess. Another way to temporarily reduce the amount of capital you are paying off would be to extend the term of the mortgage to the maximum possible - some lenders go past retirement age now. It's easy to do. Then reduce the term and pay as much as you can as soon as the house is in your name.

PrincessButtercuppp · 02/05/2020 12:26

I definitely think I will give them a ring on Monday and try and sort it. I'm worried they will say no and won't accept a future house sale as a repayment vehicle. It would certainly make me feel better about things. I just wonder if I can do it over the phone without his consent? He will say no to be a dick of course if I asked.

PrincessButtercuppp · 02/05/2020 12:27

I can't extend the term anymore it's on 30 years sadly but that is a very good idea!

RedHelenB · 03/05/2020 07:45

I sometimes think it helps to change your mindset in these situations. Even with COVID it will still be done in a few months , so just think of it as you've got the house in your own name from now and carry on as you would then.

Collaborate · 03/05/2020 08:20

Also, think of it that you are paying reduced mortgage payments each month that you still haven't bought him out. You're having his half for free even though you've accepted you have to pay him for it.

Original poster
Emerald4512 · 03/05/2020 10:47

Thank you all for your wise words! We do have a written agreement that he will continue to pay for half of the mortgage until the Decree absolute is through, which both set parties and my solicitors have a copy of, so that's why it felt very out of the blue.

RedHelenB yes, you're Definatly right. I think with extra time to think it leads to more anger and frustration, especially when you're locked up with a 19 month old haha!

OP posts:
Collaborate · 04/05/2020 07:37

Is this written agreement a comprehensive agreement about all the terms of the financial agreement?

Are you the petitioner?

When was decree nisi pronounced?

If you are the petitioner is there any reason why you cannot apply for DA now?

Has the wording of a consent order been agreed yet?

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