Marriage breakdown joint mortgage??

tobilegend

Can anyone give any advice please, my sons marriage is breaking down , his wife is saying she is giving him a month then moving out and will not contribute to the mortgage which was taken out jointly although all payments have been made on a direct debit from his bank account. All the utility bills are paid from his account and they used her earnings to "live off".
Once he has paid all the mortgage and bills it leaves him with little or no money. What is the legal situation regarding the payment of the motgage?

EdwardR_2

If its a joint mortgage then both parties are liable for the payments. If your son was to end up being repossesed due to being unable to meet repayments, His wife would have this on her record also. When the divorce comes round aslong as your son has records of payments that he made this will be in his favour.

Robert_Sterling_3

If the mortgage is jointly held either your son, or his wife or both of them must pay the mortgage. If your son's wife refuses to pay then your son has to pay make the monthly payments himself.

silvercar

Could he get a lodger to help pay the bills.

Although the mortgage is a joint liability, a court could well decide that he should pay rent to her for the other half of the property, balancing out her duty to pay half the mortgage.

Robert_Sterling_3

How long has the mortgage been running.
Is there equity in the house at present.

tobilegend

Just under 2 years, at the moment there is a small equity based on todays valuation.

Debt_Free_Dreamer

I'd agree with the lodger idea, your son needs to continue to pay the mortgage.

Will the mortgage company allow him to pay interest only for a while?

Amanda

tobilegend

Thanks to all the responses, we have sought legal advice and it looks like it will be sorted out amicably without the risk of losing the property, once again thank you.