Mortgage on relationship break-up

mentalmatt2

Hi there
I separated from my ex about two years ago. We weren’t married.
She left the property that we bought together and has since refused to pay a single penny towards anything. She was the main earner (bringing in around £22k per annum). I have been left paying the joint liabilities alone on my salary of £15k per annum. The mortgage and payment protection insurance alone come to £470 per month.
I have tried on several occasions to get her to co-operate but with no assistance. I have recently got myself into financial difficulty, maxing out all overdrafts and being denied credit cards and loans, I had no option but to default on a couple of mortgage payments. The bank were nothing but unhelpful and refuse to chase my ex for her liabilities.
After getting a solicitor to act for me a year and a half ago, I have still not got any further. My solicitor is advising me to sign over the whole property to my ex but remain on the mortgage, joint and severely liable with my ex agreeing to indemnify me against non payments. She is completely useless and I can not afford to seek alternative advice from another solicitor now.
The bank have stated that anything she signs will not indemnify me against non payment, I would have to remove her from the mortgage, which she can not afford to do alone.
Does anyone have any advice? She and the bank will not agree to the property being let.
Am I entitled to pursue her for her non payment of payments? Is there anyway I can make her pay? Or is there any help I can get to advise me of what to do next?
Regards
Matt

laurel7172

Can't you sell it? (confused)

I realise she's been shirking her responsibilities in the short term, but you surely can't expect her to pay half the mortgage on where you're living forever. And two years is getting on towards forever.

mentalmatt2

The flat has been on the market since we seperated. We bought it in the height of the boom and it is now in major negative equity so neither can afford to sell it. Paid £75k, now on market at £75k but only worth anout £58k.

I am only living in the property as I can't afford to move out and rent elsewhere aswel as meeting the mortgage repayments. She flat out refuses to pay anything even if the property was to remain empty. I have been offered a room to rent for £75pw but it seems pointless if she won't contribute and the flat would remain empty.

I am more than willing to vacate the property if i can get her to contribute.

Thanks anyway for you contribution.

LilacPixie

can I ask where you are?? A region that a flat (presuming 1 bed) is worth 58k yet a flat share 300 a month.

Realistically if you did rent this room for £300 pm and then paid half the mortgage/insurance surely you would be in a worse place financially than now?? just paying the mortgage/insurance individually?

mentalmatt2

When dropped to £65k about six months ago we still had no interest, estate agent said they couldn't see it selling for more than £58k. The £300pm room incs bills, council tax etc.
Not being able to afford both is another complication, it would overall be cheaper to stay in the flat. The bottom line is I have got to the end of the line and cannot afford to support it single handedly any longer. Surely she has some kind of duty to take turns in meeting the payments that I have met for the last two years?

SimbaSimon

mentalmatt2 wrote: »

When dropped to £65k about six months ago we still had no interest, estate agent said they couldn't see it selling for more than £58k. The £300pm room incs bills, council tax etc.
Not being able to afford both is another complication, it would overall be cheaper to stay in the flat. The bottom line is I have got to the end of the line and cannot afford to support it single handedly any longer. Surely she has some kind of duty to take turns in meeting the payments that I have met for the last two years?

You are both jointly liable for the mortgage, if you default they can chase one of both of you but since your still living there its probably easier to come after you. You need to get over to the debt free wannabe forum and do a statement of allowance and see where you can trim your expenditure as this problem isn't going to go away.

jthaker

I totally understand your situation asI am in a similar situation. We finished over 4 years ago and I've been paying everything since then. I spoke to him 2 weeks ago and he said he wants loads of dosh when in fact he owes me. He said whether its wrong or right, the law says he's entitled to half the house. I dont know if this is true so seeing a solicitor soon. We didnt live there together but I've stayed there sometimes. How does one get the non-paying person's name off the mortgage if they don't agree? I hope things work out for you.

diable

Sell it and deal with half the debt as she will be liable for the other half the debt, keep a costing of what you have paid and what your ex partner did not pay as hopefully you may be able to claim this back.

I hope that makes sense ;p

jthaker

but are they liable to pay half?

Dan_1976

I cant remember the name of the scheme but I am sure there is one that offers legal advice to people with mortgages with payment issues.

Talk to national debt line and ask about.

barrybarryr

If you can't afford it let them repossess it. Be amicable about it and say you will sign all paperwork and will cooperate with them.

They may come after you for the difference in value but if you have no money (and can prove this) then they won't be able to get any and it won't be worth their while taking any further action against you.

Most will simply cut their losses.