Joint Mortgage - Ex is now refusing to pay half

AircraftHandler

Hi there i have a joint mortgage with NRam with my ex as the house is in negative equity the only option was to rent it out until sufficient time i could take it in my name.

She is now refusing to pay half towards the mortgage as she now wants nothing to do with it so im after advice on what i should do?

Is she legally bound to pay half towards the mortgage as it is jointly owned?

Many thanks for your help.

HappyMJ

Legally in what sense? If she doesn't pay it then you have to pay it but if neither of you pay it then they will ask both of you and if you both then refuse to pay it then you will both have defaults on your credit record. So you now have a choice. Pay her half and have a clean credit record or don't pay it and have a default.

spadoosh

You are bot legally bound to repay the mortgage. That means it doesnt matter where the money comes from as long as they get it. If its a case of you cant afford the repayments on your own you should remind your ex that defaulting on payments will result in her ( and your) credit histories taking a big hit. Even worse should the property be repossesed she as well as you will be chased for any outstanding balances and could effect her getting credit for a long time.

Id be tempted to tell her to grow up and not to hide from her problems no matter how traumatic the relationship was/is as it will only make situations worse.

If its a situatuion were she cant afford to pay you face problems in the fact that you will always struggle to get money from her for something she isnt utilising.

Is the income from renting divided equally?!

AircraftHandler

I understand what your saying and i know i will have to pay it even if she doesnt but i was wondering if there was anything in place as it was a joint mortgage so we both have to pay.

If i pay for it all and her name is still on the mortgage she is still entitlet to half the property? is there any way that if i agree to pay the mortgage she will wave her right to half the property?

Also the income from the rent will be divided equally and i have a lettings agent coming on friday to sort this out.

Many thanks for your help.

Treading_Water

Shouldn't the Income from the rent be used to pay the Mortgage? With any shortfall or excess being made up/shared out?

alinwales

if you're able to take it all on, i'm sure the ex will happily sign away their half seeing as they want nothing more to do with it (assuming it is what they really want)

ACG

You could take her to court, however if she hasnt got the money you cant get blood from a stone.

With the rent, just tell her you are taking the initial payments to cover any backlog she has built up. Then set up another account where money can only be withdrawn if you both agree - any excess money each month put in that account use that money for any periods where the property is empty - atleast then you wont be in the position again if she refuses to pay. If the money builds up then you could use those funds to pay off a lump sum.....thats presuming it can be agreed ammicably.

AircraftHandler

I am able to take it all on and im seeing a solicitor this thursday to speak about my options with her sigining the house over to me and not having any more ties to it. With this we have spoken to the mortgage company & they are not happy for me to take it in my sole name as they like to keep both names on the mortgage.

Is there anyway we can just do this through a solictor until time where i can get a mortgage in my sole name?

Also we decided to empty the house for rental so she took most of the stuff out to move back with her mother as im in the forces & have no need for a fridge, tv etc. Am I within my rights to ask for that stuff back as i used my credit card to buy it all but the payments came out of our joint account?

Regards

AircraftHandler

"You could take her to court, however if she hasnt got the money you cant get blood from a stone."

ACG she has got money to pay for it also so what would taking her to court gain?

cheers

pinkteapot

AircraftHandler wrote: »

Is there anyway we can just do this through a solictor until time where i can get a mortgage in my sole name?

As I understand it, a change to the Land Registry to make you the sole owner of the house would require the consent of the mortgage lender, as they have a charge on the property. So no - you can't just change the ownership of the house to your name only and leave the mortgage in joint names (at least not without the lender's permission).

AircraftHandler

Thank you all for your help with this matter.

As the house is in £10,000 neg equity am i entitled to ask for half the neg equity (£5000) plus half of what she has taken out of the house?