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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:
Emerald4512 · 04/05/2020 10:26

Petitioner yes, Decree Nisi given beginning of March, consent order has been drafted and agreed verbally but just waiting for the bank to come back to us with the valuation of the house as if it's higher/lower than expected then this will affect how much equity he has and how much money I then have to give him to buy him out. Have been advised to not apply for DA until consent order has been officially signed (but this can't be done until the bank has told us the house valuation).

OP posts:
Collaborate · 04/05/2020 10:55

But if you haven't agreed how much he is to get, isn't that the most important part of the agreement, so in fact you haven't yet got an agreement?

PrincessButtercuppp · 04/05/2020 11:10

Have you got a mortgage offer in place for taking on the house in your own name and funds for buying him out? Why is the bank valuing the house? Should it not be an independent surveyor? Or average of three estate agents?

Emerald4512 · 04/05/2020 20:15

It's half of the equity with deductions that we have agreed between ourselves (cars etc).

OP posts:
SPP1 · 05/05/2020 13:55

I'm separating with my partner, and I asked my solicitor this very question this morning. Will let you know what he says.

Emerald4512 · 06/05/2020 22:40

Thank you SPP1 😘

OP posts:
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