Legal Situation on Joint Mortgage?

Mort-

Hello...

My situation is as follows, I have an ex-partner who's name is still on the joint mortgage account, and is after moving back into the house for believe it or not *free*...(by the way we are divorced)!

can she simply legally do that while I work full time to pay the the mortgage to this property while she doesn't even work?

Please can you help me with this it seems so unfair...I have been told that legally she can because her name is still on the mortgage please can you help?

thanks for your time.

dimbo61

So what happened when you got divorced ? who got what ! Any kids involved ?
Where is she living now and have you paid her anything out of the equity of the property.
Is there any equity in the property ?

Annisele

Mort- wrote: »

.I have been told that legally she can because her name is still on the mortgage please can you help?

Who told you that, and why?

If it was some bloke in the pub, that's different to if it was your solicitor after viewing all of the relevant papers.

In principle the starting position on divorce is that assets are split 50/50 (though there are many good reasons for a different split in individual cases). So, if there isn't a financial settlement yet, why not?

Dave_the_Ginger_Cat

Whilst you are both on the mortgage, either or both of you may live in the property as AFAIK no one party can exclude the other unless there is a criminal order barring contact in either direction.

I would recommend some legal advice and to see if you can resolve this on a permanent basis - agree it is typically agreed as part of the divorce settlement

CLAPTON

whyever didn't you resolve all financial matters at the time of the divorce?

go see a solicitor asap

Mort-

I raised the point about being divorced...because we are...but that was years and years ago we didn't get round to any settlements...as within that year we got back together...and stayed together in said home for a good few years after the reconciliation ...

and to get to the basic truth we split again because I'd found out see had been unfaithful on quite a few numerous occasions over the complete 20 years we had been together, even while we were married....the word devastated doesn't come into it at the time!

So I ended the relationship this was actually 3 years ago...all the the kids bar one are 18 and over the youngest is 15, I have a baby boy just over 1yearold to my current partner...she has a rented property with our son I still have my house at the moment that's the target of the dispute...and I still live there.

It's only recently she wants back into the house, because she won't work, and have built up debt at her current rented address and in turn is being evicted soon...is there any way then I can have her name removed from the mortgage...

she even requested and got an independent bank card to the joint mortgage account sent to a separate address and virtually emptied the mortgage account...after the bank actually knew she wasn't even living at my address...

MMM I wonder, if she does move back into the house, does she surely not have to pay the mortgage and bills...if I move in with my girlfriend, because I know she thinks she can move in and I pay for everything, as if, surely that's not legal?

Thanks guys....

zzzLazyDaisy

She isn't just on the mortgage - she is actually a joint owner of the house. Which means yes, she is legally entitled to live there.

As for paying towards the mortgage - you are both jointly and severally liable for the mortgage which in plain english means that the lender can come after either party for the full amount, and if you default, will come after the person most likely to be able to pay (not to mention trashing your credit history in the process)

What I don't understand is how the divorce ever went through because most solicitors would advice not to go for the absolute until the financial affairs are settled. However what is done is done (or rather, not done, in your case).

Go and see a solicitor!