Mortgage in joint names!!

shorty7589

Hi all,

My partner has left me and moved back in with her parents with our two children, she says she cannot afford to give me half the mortgage payment each month as she only works part time and I am the one still living in the family home, both our names are on the mortgage(joint) and I was just wondering what sort of a position I am in legally about her paying half the mortgage payment as both our names are on the account, she is going to see a solicitor on Tuesday to find out the minimum amount she has to give me by law towards the mortgage, does anyone know what this percentage will be? i.e. 50% as its a joint mortgage, I have two jobs at the moment just to be able to afford all the bills and mortgage, I still live in the family home with all the bills etc and she lives with her parents, any help, advice or information on this would be very much appreciated.



Thank
Daniel Short.

The_Banker_5

She doesnt have to give you anything if she doesnt want to.

alwaysonthego_2

Why don't you sell the house!

She has your children to support don't forget!

Jojo_the_Tightfisted

How much maintenance are you paying her for your children?

janninew

shorty7589 wrote: »

Hi all,

My partner has left me and moved back in with her parents with our two children, she says she cannot afford to give me half the mortgage payment each month as she only works part time and I am the one still living in the family home, both our names are on the mortgage(joint) and I was just wondering what sort of a position I am in legally about her paying half the mortgage payment as both our names are on the account, she is going to see a solicitor on Tuesday to find out the minimum amount she has to give me by law towards the mortgage, does anyone know what this percentage will be? i.e. 50% as its a joint mortgage, I have two jobs at the moment just to be able to afford all the bills and mortgage, I still live in the family home with all the bills etc and she lives with her parents, any help, advice or information on this would be very much appreciated.



Thank
Daniel Short.

Hi OP

When my husband left me and our house he was told by his solicitor that he had to pay for 50% of the mortgage as the house was in joint names. I know legally he could stop paying, but i would have had to inform the mortgage company as you are both equally liable! Really not sure where you stand as you have children though. I suppose it depends how much you earn, how much your mortgage payment is and how much your partner earns. Sorry i can't be more help, but if she isn't paying her share you should let your mortgage company know, but obviously it is more complicated as you need to probably knock some money off her share of the mortgage payments as you should be paying her child maintenance. You need to get legal advice ASAP.
Good luck.

Caz3121

I left my violent ex and took my daughter but continued to pay 100% of the mortgage whilst I went through the court to force the sale (it took over 2 years)
reason: he would not pay 1p to the mortgage and I was protecting my credit rating (otherwise I would have just let it be reposessed) and I never got a penny maintenance either.
Are you planning on buying her out?

alm721

Also how old are the kids? You say your partner only works part time, is this becasue the children are little or she can only work school hours. If so then its maybe not possible for her to do full time. It may be worth dicussing with her if there is a way round this, e.g could you have the children when shes at work? This may not be at all feasible but if not you should bear in mind that its not really fair to expect her to work full time if she has the kids most of the time and obviously if shes only working part time then this will affect her ability to pay the mortgage.

Why don't you sell the house or let her move in with the kids and you move out and you give her half the mortgage? It would seem more sensible not to disrupt the children surley?

money_maker_3

As far as the mortgage company will be concerned, you are both jointly responsible for the whole payment, not 50% each, so if any part of a pament is missed, both of you are equally liable, even if you can prove that you paid a certan percentage. Only when it goes through courts will proof of payments made become an issue.
If she wont pay anything, and you cant afford to, you need to speak to your mortgage company as soon as possible to explain the situation so that they can help, poss change to interest only, increase term, sell the house, payment holiday, that sort of thing

Good Luck