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Joint Mortgage After Separation

Can someone give me some advice please.
I have a joint mortgage with my now separated husband. The mortgage is 2 years old in May. For the last year I have been struggling to pay the mortgage & its arrears since my husband left. There is a suspended re-possession order in place for the arrears.
My question is, I can't afford to stay here any longer and want to sell up but he has to be involved from word go ie agreeing to sell, agree offers, etc. I have to do this new HIP pack which I can't afford. Should he be made to pay it or half? Also, if I were to walk away from the property and rent (which I plan to do anyway) would he be responsible for the mortgage, re-procession costs, etc.? Also have 1 child living with me but not his (thankfully).
Need some advice urgently as to what to do for the best here.

Many, many thanks.

Comments

  • I assume that both your names are on the mortgage.At first sight you are both liable to pay the mortgage.
    You are said to be jointly and severally liable to pay. Neither of you is exhonerated from paying as a result of walking away from the property.
    ...............................I have put my clock back....... Kcolc ym
  • Conrad
    Conrad Posts: 33,137 Forumite
    10,000 Posts Combo Breaker
    Should he pay for half the HIP - yes, but enforcing that could take a lot of legal wrangling and by then you could be repossessed. I understand some HIPS are buy now pay later.

    You will both be liable for the repossession costs.

    On a forum like this one you will get those curtain twitching rule book types that will warn you of all sorts of horrendus faits that await you if you get repo'd but in this country plenty of people do it. My brother did it and when they eventualy found him he was forced to settle on just 5% of the original bill.

    Your credit won't be made worse by a repo than it already sounds to be. If an applicant has had recent mortgage arrears or a repo the outcome is the same - declined. In any event I can well imagine a new mortgage will not be something you want to consider for many years to come. Exerience tells me at some point despite a repo one will get another mortgage one day, even despite the current clampdown. As I type there are still lenders for sub prime cases, and given time more will emmerge.

    In the end getting repossessed isn't a light decision and I'm not giving you any advice, but this is the UK where in reality if you cant pay, nothing happens, especialy if you exploit all those 'rights' we have here.

    If you want to end all debt then Bankcruptcy would be the way I persoanly would go. Again the rule book twitchers will gasp at this, but Ive been around a long time and dealt with many a Bankcrupt - life went on and they walked away from a wall of debt hell.
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