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Advice Needed Please

andrpro Avatar
7y, 11m agoPosted 7 years, 11 months ago
Me and my Ex have both our names on the current mortgage, we split up a few months ago and im still living in the house.

up until now she paid towards the mortgage as expected as its joint, until the house is sold. All of a sudden she now sent me a text message to say she wont being paying anymore cause she cant afford it, yet she has brought a new car!

So any advice where I stand, do i have to take her to court to make her continue paying towards the mortgage.

Thanks for any advice
andrpro Avatar
7y, 11m agoPosted 7 years, 11 months ago
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banned 1 Like #1
Consult a solicitor...she cant do that
1 Like #2
Speak to a mortgage advisor, there are free impartial ones in a lot of estate agents. I managed to find a really nice one who has helped me over the last couple of years with any questions I had.
#3
you are going to have to sell if you cant pay it yourself - split the profit - or the losses
#4
yea - i just wanted to see what options are available before going the Solicitor route cause it always get nasty when you have to do that.
#5
holly100
you are going to have to sell - split the profit - or the losses


unfotunatly houses are not selling, it is on the market but she as to pay till the house is sold, she is only paying round 20% of the total monthly payment.
1 Like #6
her name is on the mortgage too, its a joint responsibility - unless she wants to hand over her half of the house to you (in which case, if you sell she gets nowt) shes every bit as responsible for paying for the house as you are, regardless of her living there or not.

I would put this to her, if shes still not forthcoming get legal advise.
#7
chrishill
her name is on the mortgage too, its a joint responsibility - unless she wants to hand over her half of the house to you (in which case, if you sell she gets nowt) shes every bit as responsible for paying for the house as you are, regardless of her living there or not.

I would put this to her, if shes still not forthcoming get legal advise.


tried all that and have been quite resaonable, i have even offered to accept less each month, i can only see the option of a solicitor and takin her to a small claims court.
1 Like #8
Just been through this matey but as i had the kids i was allowed to stay in the house...

Sadly your situation sounds diff.... unless you meet the mortgage payments it looks like you may have to sell...
or try buying her out, ( remembering house prices have dropped)
banned#9
chrishill;3695922
her name is on the mortgage too, its a joint responsibility - unless she wants to hand over her half of the house to you (in which case, if you sell she gets nowt) shes every bit as responsible for paying for the house as you are, regardless of her living there or not.

I would put this to her, if shes still not forthcoming get legal advise.

:thumbsup:
andrpro;3695936
tried all that and have been quite resaonable, i have even offered to accept less each month, i can only see the option of a solicitor and takin her to a small claims court.

End of the day mate..though you dont want to go down that route and are being reasonable (overly perhaps) she is obviously not and is not taking you into account whatsoever so I think if she is not willing to be reasonable then its your only option...that or pay it off and let her take whats rightfully yours


Whatever you decide, good luck with it buddy :thumbsup:
#10
You really do need to get reliable legal advice on this one .. people on here will be guessing!

Good luck
#11
Try speaking to your mortgage company.
You may be able to take a mortgage break for a feww months and not pay for it for the time being.
#12
If she cant afford she cant afford it and as such you should contact your lender and explain the situation and see if they will agree to a change in the monthly payment amount. You should then try to discuss the future of the house with the ex in a reasonable manner if possible. At this stage it appears a) you could try to buy her out if you can afford it or b) agree a date by which the property is to be sold. I seriously doubt that if you took her to a small claims court you would get any type of positive result.
#13
Bear in mind that you are liable for the mortgage as well as your ex, so if there is any defaulting on payments the mortgage provider are within their rights to sue you & not your ex if they so wish - they will go for the easiest target (easiest to contact, easiest to get the money out of).

Get some legal advice as soon as possible, & also speak to your mortgage provider & let them know what's heppening. Even if they can't help they will at least be aware of the situation & so may be more lenient if anything goes wrong.
#14
try citizens advise-they might give you some free pointers-or be able to put you in touch with someone who will give you some free factual advise?
#15
Unfortunately your mortgage is on a 'Joint and severally responsible' basis. This means that you are both responsible for paying or in other words, if she doesn't pay and the mortgage falls into arrears, you are both 'tarred with the same brush'. . What this means is that if either of you need credit of any sort, you will both have a bad financial record, even if you have been paying the part of the mortgage you consider to be yours. If you have a bad track record you will find it difficult (especially now) to get another mortgage or loan of any sort.

By the sound of it, she either doesn't appreciate that she is legally responsible, doesn't care that she could have a bad financial track record (check Experian) or is just stupid.

Advice is either to have her 1) legally hand over the property to you in its entireity (transfer of equity)
2) Start paying again to protect financial standing (it takes 7 years to get it back but only after you have paid off arrears)
3) Sell the property and repay the mortgage.
4) Buy her part of the mortgage out, i.e. if there is a profit made, work it out, increase your mortgage to cover it and give her, her part of the profit - your income must be able to cover the total loan.
5) If there is a negative equity - get her to give you the half of the loss if you sell or take over the mortgage.
6) try and do it amicabilly as solicitors can run up costs quite quickly (and they are usually not in a hurry to settle - happend to my sister & cost a fortune!)
Best of luck.
MM
#16
michaelmakro;3697203
Unfortunately your mortgage is on a 'Joint and severally responsible' basis. This means that you are both responsible for paying or in other words, if she doesn't pay and the mortgage falls into arrears, you are both 'tarred with the same brush'. . What this means is that if either of you need credit of any sort, you will both have a bad financial record, even if you have been paying the part of the mortgage you consider to be yours. If you have a bad track record you will find it difficult (especially now) to get another mortgage or loan of any sort.

By the sound of it, she either doesn't appreciate that she is legally responsible, doesn't care that she could have a bad financial track record (check Experian) or is just stupid.

Advice is either to have her 1) legally hand over the property to you in its entireity (transfer of equity)
2) Start paying again to protect financial standing (it takes 7 years to get it back but only after you have paid off arrears)
3) Sell the property and repay the mortgage.
4) Buy her part of the mortgage out, i.e. if there is a profit made, work it out, increase your mortgage to cover it and give her, her part of the profit - your income must be able to cover the total loan.
5) If there is a negative equity - get her to give you the half of the loss if you sell or take over the mortgage.
6) try and do it amicabilly as solicitors can run up costs quite quickly (and they are usually not in a hurry to settle - happend to my sister & cost a fortune!)
Best of luck.
MM



absolutely right - you are responsible for the whole mortgage payment, as is she. If you default on it, it will also show as a default on her credit file.

Have you spoken to your mortgage lender about changing the term on your mortgage (to reduce your minimum payments), changing to Interest Only (to take your payments to the minimum) or even about taking a payment holiday? If you act quickly, before you run up arrears, they may allow you to restructure your payments i.e. lowere them for the next 6 months.

The important part is to speak to your lender as soon as possible, otherwise you are opening yourself up to major problems in the future. After all, if you're 6 months in arrears, your mortgage company will be less likely to help you than if you're up to date and forewarning them of potential problems.

tell your ex as well, that if she doesn't pay her way, and you cannot manage the whole mortgage on your own, that it will show as arrears on her credit file, therefore limiting her options for credit in the future (credit cards, loans, mortgages etc etc).
make sure that any money you pay to cover her not paying is taken off her share of the equity when the house is eventually sold (or re-financed in your name only)

good luck
#17
snowtiger
You really do need to get reliable legal advice on this one .. people on here will be guessing!

Good luck


not always :thumbsup:

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