Who pays the mortgage after a split

Hi_Tide

Hi there,

I have recently parted company with my girlfriend and she has moved out of the house that we own together in a 2/3 (that I pay) 1/3 (that she pays) split. However, since she has moved out, she is not paying her 1/3. She says that she has taken some legal advice and been told that she does have to pay her proportion of the mortgage, but I also have to pay her a rent on her part of the property basically cancelling each other out so I just pay the mortgage in full. I have been trying to find out this information for myself on the internet but to no avail. I haven't sought legal advice myself as I am out of the country on long term business at the moment. Is there any truth in her terms?

Many thanks.

Poppycat

I would say if its joint mortgage then you are both liable

GMS

On a joint mortgage both parties are jointly liable for the payments.

Simple as that. If you paid your 2/3 every month eventually the lender would seek repossession as you would be in arrears. They would not care that your ex was not paying as you both agreed to be bound by the terms of the mortgage.

She has been given very poor advice if any at all. Try to come to a resolution between you before you both end up with trashed credit records.

Incyder

So you let her get away with paying 1/3rd when she owned 50% of the house. ?

blueberrypie

Is the property owned jointly, or as tenants-in-common?

If it's owned jointly (which is the usual set-up), each of you is responsible for the full amount owed on the mortgage.

It could be argued that you should be paying her rent, but without a legal agreement drawn up by a solicitor, that would be down to an agreement between the two of you, and does not affect anyone's responsibility towards the mortgage payments.

Hi_Tide

Cheers everyone, I thought it sounded a little bit strange what she had said. For more information, we have a declaration of trust set up for the 1/3 and 2/3 split on the mortgage so in the event of anything happening, that would be how the property is split.

I will pass this info on and see what the outcome is. I doubt she will like it.