Would I have to pay half the mortgage?

mikeassured

Hi

My partner and I are separating. We have a mortgage in joint names which I have always paid along with the utilities.

My partner took over the utilities a couple of months ago. I still pay the mortgage. As she is dragging her feet marketing the property, if I was to cancel the direct debit and she was then forced to take over the payment, could she legally force me to contribute to it as i was still living there?

Thanks

somethingcorporate

You are both liable for the whole debt (google: joint and several liability), the debt is not split 50:50.

If you stop paying (between you) it is going to hurt your credit file badly.

CLAPTON

mikeassured wrote: »

Hi

My partner and I are separating. We have a mortgage in joint names which I have always paid along with the utilities.

My partner took over the utilities a couple of months ago. I still pay the mortgage. As she is dragging her feet marketing the property, if I was to cancel the direct debit and she was then forced to take over the payment, could she legally force me to contribute to it as i was still living there?

Thanks

if the mortgage isn't paid for whatever reason, it is likely that the mortgage company would seek repossession


much better you come to an agreement with your ex partner

Thrugelmir

mikeassured wrote: »

could she legally force me to contribute to it as i was still living there?

No she couldn't. However you are legally liable for a 100% of the debt along with any arrears that mount. So you need to find a compromise solution to allow you both to go your separate ways.

leespot

mikeassured wrote: »

Hi

My partner and I are separating. We have a mortgage in joint names which I have always paid along with the utilities.

My partner took over the utilities a couple of months ago. I still pay the mortgage. As she is dragging her feet marketing the property, if I was to cancel the direct debit and she was then forced to take over the payment, could she legally force me to contribute to it as i was still living there?

Thanks

Would it maybe hurry her along if you told her you would be unable to the mortgage for much longer? Or tell her that you'll be moving into the property until it sells?? (obviously you would continue, but she doesn't need to know that, does she?) You don't want to damage your credit rating, but she might not know that.

mikeassured

Just an update.

As my partner wont sell, I said I had cancelled dd for mortgage. They took it over last month but now regretting it and asking for half of mortgage.

If I refuse they have said they will put a legal charge on the house and what I "owe" will be taken on the sale in the distant future.

Can my partner put a legal charge on the house?

Many thanks.

TBagpuss

who are 'they'? Your partner, or someone else?

If the house is in joint names then no , your partner can't put a charge over it as the property already belongs to them (and you). If it is not sold immediately, then when it is sole, you will have to agree on how any equity is split. If you can't agree, a court could be asked to decide and they would look at the whole picture. It's probably (but not certian) that your ex would be given credit for any amounts that they pay off the capital of the mortgage but that amounts paid for interest would be treated as, in effect, rent for occupying your 'share' of the property.

You could make an application under the Trust of Land and Appointment of Trustees Act for the property to be sold, and it may be worth you getting a solicitors letter sent to our ex setting out your proposal (that the house is sold and the net equity split) and making clear that if Ex does not want to sell, they will need to pay the full mortgage and you will treat this as them paying occupation rent for your share of the property, and will not agree to this entitling them to more than 50% of the equity.

getmore4less

mikeassured wrote: »

Just an update.

As my partner wont sell, I said I had cancelled dd for mortgage. They took it over last month but now regretting it and asking for half of mortgage.

If I refuse they have said they will put a legal charge on the house and what I "owe" will be taken on the sale in the distant future.

Can my partner put a legal charge on the house?

Many thanks.

Remind her that she(they?) will be liable for rent on your share at full market rate.

Thrugelmir

mikeassured wrote: »

If I refuse they have said they will put a legal charge on the house and what I "owe" will be taken on the sale in the distant future.

Just say to your ex that anything she pays off the mortgage from now on is theirs to keep. Only fair. After all you just want the property sold. Keep it simple.