Couple Split / Mortgage issues

lazylabs

Hi Everyone,

Just after some advice on an issue a friend of mine is having. They recently split from their long term partner (Not Married). They had bought a house together a while ago and now they have split the other partner has moved out of the house and is now refusing to pay their half of the mortgage.

They are in the process of selling the house but this is going to take time. Is there anything they can do to force the other person to pay? At the moment they are having to pay the whole mortgage which they are struggling to do.

The mortgage is a normal joint named mortgage so are equally responsible.

Any advice?

Regards
Al

kelloggs36

No, because they are both jointly and severely liable for the mortgage - so if one pays and the other doesn't the mortgage company don't care as they get their money, if neither pay, the mortgage company will go after both of them. Unless the agreement can be changed so that they are only liable for half each then I very much doubt your friend can do anything. I also don't think that it is possible to change the terms of the agreement either, unless the ex is willing to sign over their half of the house.

mgdavid

Advice?
stop paying the mortgage!
if/when your friend is chased by the lender, claim poverty due to the split, mention the ex is loaded and helpfully pass on her current whereabouts. Should concentrate the mind.... maybe paying half each would suddenly seem the sensible option....

Yorkie1

mgdavid wrote: »

Advice?
stop paying the mortgage!
if/when your friend is chased by the lender, claim poverty due to the split, mention the ex is loaded and helpfully pass on her current whereabouts. Should concentrate the mind.... maybe paying half each would suddenly seem the sensible option....

This is poor advice and will lead to the OP's friend having a wrecked credit record as the defaults will be recorded on it. Leading to difficulties renting or borrowing in the future.

OP, have a look on the House Buying and the Mortgage forums. This question comes up on a daily basis and you'll find lots more advice on there.

Person_one

Can the partner left behind afford to buy out the one who left?

If not, there's really nothing they can do apart from try to get the house sold as quickly as possible. It may well be the case that the partner who left is now paying rent and bills somewhere else and just doesn't have the money to pay for a roof they aren't living under, so no amount of hassling them would help.

Could they ask the bank if they can switch the mortgage to interest only?

Mindless_Clone

Has the partner left spoken to the mortgage company to ask if they can take a mortgage holiday pending sale of the house? They must have this scenario all the time so might have ways of working around it.
Failing that, I suppose she could keep a record of how much of "his half" she has paid and seek this back in any settlement.