where do I stand if he refuses to pay??!! :(

MissTeacher

I have a joint mortgage with my ex. We split up and tried living together which worked for a while til he bought another girl back while I was there
He then said he would leave and move back with his parents as this was an option for him but not me.
He agreed to pay something towards the mortgage as I couldn't initially afford it by myself. I could now, but only just and at a struggle!
Its a new build and we've not had it long so is currently in negative equity and ideally I don't want to sell and he was happy to have his name removed from the mortgage leaving everything to me.
He was paying about 30% of the mortgage, however he recently has stopped paying.
I know this all sounds a bit higgledy piggledy but basically I needed to know what kind of right I have to get him to continue to pay?
I know he doesn't live there but other people have said he still entered into the mortgage 50/50 and he does therefore have an entitlement to half of its worth. Is this fair then if he hasn't been paying in 50%? Others have advised that I make him pay the backdated extra 20% so he is providing his half.
He has recently got the ball rolling with taking his name off but I really hate going into this blind and not knowing my rights.

Anyone? Any ideas at all?

Dave_Ham

This has been debated on this forum a lot, do a bit of searching and you will find the many other threads.

You should really be in control of his removal and it will be subject to you fitting the lender criteria, which often is the stumbling block

Technically you jointly owe the money, so if it gets paid they do not care and if it does not then they come after you both.

Its a credit rating killer, but fair play to you that you are paying it on your own.

If you issue legal proceedings, there will be little to gain and much more to pay for so genuinely put it down to experience.

I am sure you are already there on this, but shipping a friend in could help in the short term and you can get a certain element of room renting tax free.

Your problems get worse if they will not remove him from the mortgage, however if he is so keen he should really pay you 50% of the negative equity as he is doing much better out of this than you...

Good luck

MissTeacher

Thanks a bunch, a bit of calm in my total whirlwind!

So you think I should get his name off the mortgage and not leave it to him to sort? Will that end up costing me lots more pennies

and bottom line in him not paying is that I don't have a leg to stand on basically? lol. At least I know what to expect now though

Dave_Ham

You got it I am afraid, the mortgage companies never ever personalise it and it is a joint mortgage.

It will cost about £300-£400 I would suggest to have him removed, although unsure why he is trying to do it so quickly as usually in your situation it is the ex left in property who has more to lose and chases this. I would suggest he knows if you choose to sell up then he has to fork out 50% of the shortfall or you both get your credit files trashed...

Call his bluff - but please, please check the lender is going to let you have this property on your own...

Say the lender is HSBC, you have a £150k mortgage on a £125k place and you earn £20k a year and ex earnt £30k then all was fine. Try and remove him and you will not get him off the mortgage...

Not trying to worry you, just give you as much information as possible so at least you can look forward...

MissTeacher

No, understandable, thank you very much!
I am lucky in that respect, don't think I'll have a problem there, I earn double what he did. Will make appointment with bank right now!
Life saver!!

Soot2006

They will only "remove" him if you get approved as a sole mortgage holder.
Right now, if you default, they can chase you and him.
When you become sole, they can only chase you .... so they will only do this if they think you're a safe bet on your own!

Morgage_Confused

How much is the negative equity?
Because it will all be yours if you manage to have him removed from the mortgage. While currently you are both liable for it.

MissTeacher

I am happy to get him removed and be liable but until this happens I want to know if I can expect him to continue contributing whilst he is still the joint owner.

Thrugelmir

If in negative equity unlikely your lender will agree to change in mortgage. As currently they have 2 people to pursue for shortfall.
Also stops people playing games with their assets to avoid settling the debt.

Best to face the music and bite the bullet. Unless you can afford to fund the mortgage yourself until the negative equity is cleared.
This way you keep your credit rating intact. Unless you have the option of moving back with family there's rent to pay as well.

Personally I would sell. More out of a clean break from the past. Than a joint mortgage that'll hang your neck and pull you down. Still have to sell the property in the future as well.

The_J

Firstly apologies. I lol'd at the bringing a girl back bit. Could he not have gone round her house? :rotfl:

Secondly, no you cannot force him to pay. If you stop paying it will count as a missed mortgage payment against both of you which is pretty bad.

Take over the mortgage yourself or sell.