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ex refusing to pay his half of the morgage

I'm a reg poster but having to post anonomously hope you understand.

My ex was asked to leave after he admitted having an affair. Fr the last 10 months delegation he has paid his half of the mortgage no problem. This week I get an email giving me one months notice that he will no longer pay the full amount just the interest as he has no access to the house. No key and is gaining nothing from the asset.

We have 2 children under 6. I have contacted my solicitor, need to contact the mortgage company . But just wanted to get a heads up on what I can now do .

For the first year of his affair he utilised our bank account for his double life and stopped extra payments other than his PAYE money going in. So his antics have left us with a huge overdraft.

I'm not sure what advise I need I'm just throwing this in the pot. He has always paid maintainance and half the mortgage, but not contributed to the children's upkeep any other way.

M
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Are you divorced? Is there any court order?

    If not, you're lucky he's paid half the mortgage for 10 months. He's absolutely bob-on with paying for a place with no access too.

    And if he's paid maintenance, then what else do you expect?

    - That's the legal stand point, and that's what you'll face.


    My personal opinion is that he should pay for alot more, but that wont help you.

    I assume you are giving him regular access to his children and not making things awkward in that deartment?
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Were you married?
    Whose names are on the title?
    Whose names are on the mortgage?
    You should post a link in the houses board further up the forum.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    OP you don't say whether you are married or not. When a relationship ends, the married parent with care of the children has far more protection under the law than a cohabiting parent in the same situation.

    If you are married, you need to move the divorce along, as these things are best dealt with in the context of the divorce. Normally if a divorce is going through, lenders will usually cut you some slack for a period, and it may be that the best thing to do is to go interest only for a while, if the lender will allow this.

    I am sure others will be along soon to offer more suggestions, but I didn't want to read and run.

    Good luck

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Divorce has been filed . We are married. I have custody of the kids this has been agreed in mediation. We touched on the mortgage last session . Touched he mentioned he didn't want to pay, no agreement was made. I have never stopped him seeing his kids apart from the beginning when I needed to sort stuff out. He then took nearly 6 months o have them over night .

    Asked for his key back when I found out about the affair. He can have acesss. I'm just not happy him havg a key. I have even openly invited him in which he has continuely refused if no third party is present.

    I've been very amicable and cooperative but my patience is wearing thin. Him not paying the mortgage and the fact he will possibly stop paying maintainance to the correct amount could see me and the kids on the street.
  • I've just noticed I've posted twice... sorry I also can't post a link n mortgages. I was really hoping for mortgage mamas advise if he's still active
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Is he self employed? If not formalise the child maintenance through the CSA.

    The situation over the house may have to be dealt with by your solicitor - mediation is fine if it works, but not if it means that one party is calling all the shots.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • It seems he is dictating what he wants. He sent me a list of property he considered to be his. Some is fair does I'd forgot about it he can have it its cluttering my tiny house up. The rest was joint gifts. I havnt said he ant have it we just have to agree as it was either nought with joint money or joint gifts.

    Yes he is self employed. That's way I am also having issues over SME of the information he is yet to provide
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    I'm a reg poster but having to post anonomously hope you understand.

    My ex was asked to leave after he admitted having an affair. Fr the last 10 months delegation he has paid his half of the mortgage no problem. This week I get an email giving me one months notice that he will no longer pay the full amount just the interest as he has no access to the house. No key and is gaining nothing from the asset.

    We have 2 children under 6. I have contacted my solicitor, need to contact the mortgage company . But just wanted to get a heads up on what I can now do .

    For the first year of his affair he utilised our bank account for his double life and stopped extra payments other than his PAYE money going in. So his antics have left us with a huge overdraft.

    I'm not sure what advise I need I'm just throwing this in the pot. He has always paid maintainance and half the mortgage, but not contributed to the children's upkeep any other way.

    M

    What other way would you expect him to contribute?

    If you switch to an interest only mortgage then he'll still be paying half of it and, if you're not working, you can claim SMI to cover your half.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Do you work?
  • Acc72
    Acc72 Posts: 1,528 Forumite
    Guest101 wrote: »

    My personal opinion is that he should pay for alot more, but that wont help you.

    Based on what we know, why do you say that ?

    If I understand correctly he has paid the maintenance required and also half of a repayment mortgage - what else would you expect him to pay ?
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