Joint Mortgage and splitting up

r_n_carpenter

Hi

My ex-girlfriend and I purchased a house last October with a joint mortgage. I put £40k in, she put £35k in.

She left me in July and the mortgage is £628 per month. She pays just £125 per month towards the house. I can't sell until October 2010 as there is a £15k mortgage penalty.

Does she legally have to pay half the mortgage until we sell? £314 per month.

Thanks

opinions4u

You are both jointly liable for the FULL payment.

Thst means if you pay nothing she has to pay it all. It she pays nothing you have to pay it all.

There is no half and half on this and you need to find a compromise between yourselves.

If you pay half and she doesn't you could end up repossessed.

r_n_carpenter

Hi

We aren't on talking terms and she is threatening to force a sale on the house if I ask about money again. I know we are jointly liable for the full amount, but wanted to know if I could legally make her pay half?

skiTTish

Are you still living there and she isnt ?

bigstevex

considering she has equity in the house she should be more than willing to be paying half so she actually gets some money back when you sell it. Tell her basically if she doesn't pay her half then the house will be repossessed and she'll lose all her money basically, that'd be my route i think,

r_n_carpenter

Yes I still live there and currently I'm unemployed, so need the money.

If I threaten anything, she will force the sale, so that's why I need to understand the legal lie of the land, so I have the law on my side (or not!).

She has her own flat, so even if we do lose the £15k mortgage penalty, she will probably get around £50-60k equity out of it. I will take out a bit more, but won't be in a position to get a mortgage.

CLAPTON

if you purchased the house last October you are lucky to have so much equity in it.

you seem to have the following choices
-sell asap and have a clean break
-stay until Ocober 2010 and persuade her to pay more although, as she doesn't live there I can see why she feels she shouldn't
-stay and get lodgers in to help with your mortgage payments.

r_n_carpenter

She doesn't live there, but I am upkeeping it and making it saleable, so she will get her joint equity.

I just can't believe there isn't anything in law!

r_n_carpenter

[EMAIL="s_witts@yahoo.co.uk"]s_witts@yahoo.co.uk[/EMAIL]

bigstevex

unfortunately you'd have to have something written and signed by you both pre mortgage I think to protect you, but i'm no expert sorry

it would be something saying what you would do in the event of splitting up

dimbo61

You need somwhere to live and she has other things to pay for such as the bills on the flat!
Ask her if you can get a lodger and he/she can pay her half of the mortgage until october 2010 and then try to sell the property.
Hopefully you will get a new job and be able to but a home of your own.
The relationship did not work out ! Move on with your lives