Who pays the mortgage following a split

bagz_2

I've recently moved out of a jointly mortgaged house following the break down of our unmarried relationship.

I'm currently paying maintenance for our 2 children and contributing a quarter of the mortgage.

My Ex is now claiming that this is not enough, and wants me to pay half. I simply cannot afford to pay half of the mortgage as i am also paying to rent elsewhere. I'm happy for her to stay in the house until the kids are 18+ and then sort out equity splits after this etc.

My main question is, am i legally bound to pay half the mortgage despite not living there anymore. I have an appointment with a solicitor, but am just wanting some generally feedback prior to this.

Kayalana99

If shes living their then you shouldn't be paying for half the mortgage although you are liable for it with your name on it...to put this in another way that is understandable, tell her your more then happy to pay for half of the mortgage but you would like her to pay 50% rent for renting your half of the house out.

FBaby

There are no strict rules it will depend on what toy want our out the house and what she can afford or claim benefit towards. Ultimately you need to decide whether you consider this house as an investment so that you decide to contribute to pay your half and claim half the equity when the house is sold when your children have moved out. Or you might decide you that you are happy for either the full equity value gained since you stopped paying your half goes to her or even all of it if you're share add is stands is minimal or negative.

The issue of her paying comes down to what would happen if you stopped your contribution or not increased it, whether it would result in repossession and a ruined credit (and therefore affecting you chance to be owner again) or whether it would be better to sale the house now. Officially assuming you are both on the mortgage you are both responsible if any of toy/both default on the repayments. She might be eligible for help with her share of the repayment of she claims some benefits.

bagz_2

Yeah i fully accept i am half liable should payments be missed etc and the consequences of such....

Its just a tad frustrating as one solution she's put to me is just sign over the mortgage wthout payment and then she will give me my share of equity when the kids are 18+. However this would still leave her paying the mortgage minus my mortgage payments and not solve the claimed issue of her not being able to afford it.....
However, I know she can afford this as i know her wage + benefits + my payments are double the cost of running the house. She actually has more disposable income than me!!

In terms of an investment from this point on, it seems a no brainer as i would be better off putting 300 quid into a saving account each month, than paying the mortgage.

I'm not willing to just sign everything over as i will lose everything i've put in and forcing a sale is a no go for 2 reasons, my children live there and it will cost us both a huge amount in solictors etc.

Can or will a court force me to pay half or is she calling my bluff??

I know the answers are all circumstancial, and only a solictor can advise more acurately, but your knowledge and experiences are greatly appreciated.

RAS

You pay her CSA (20% of salary) and she claims Mortgage Interest Allowance.

VestanPance

She can't force you to pay half.

If she is going down the threats route tell her she should be looking to buy you out of the mortgage, as if you do pay half and can prove it then when the kiddies are gone you own half that house and could force the sale of it from under her.

neverdespairgirl

You shouldn't put off deciding about the equity until the children are 18 - that should be done about now, as part of an overall financial settlement.

DS4215

Presuming it is a joint mortgage and not just in one name (if it is that person is entirely responsible for it), then you are both jointly liable for the debt. Bascially, if she stops paying the mortgage provider will chase you - even if she is still living in the property.

You should be paying her child maintenance - usually 20% for 2 kids, and she should be arranging a new mortgage and paying it out of her income. If she can't get a new mortgage then she will have to look to sell.

BigAunty

DS4215 is correct - there's no such thing as joint owners being considered to owe exactly half, according to the lender. Joint and several liability means either, or both, should pay - the lender cares not a jot who pays, just that it must be paid and will chase both or one owner.

Your ex may feel that you obligated to pay half but that's just a personal view rather than legal.

Suggest you speak to a solicitor to understand what your potential liability could be or how to negotiate a mutually acceptable arrangement.

See the Shelter website's relationship breakdown section to understand your rights and options.

FBaby

No she won't have to. A judge could decide she is entitled to stay and OP still liable for the debts. Both have some control over the situation but both have a lot to lose. OP could decide not to stop paying all together and she will have to pay it all is she wants to keep the house but she could also decide not to leading to repossession and a bad credit file for both of them. This is why separated couples usually come to an agreement because the alternative is risky for both.

BigAunty

bagz wrote: »

.

Its just a tad frustrating as one solution she's put to me is just sign over the mortgage wthout payment and then she will give me my share of equity when the kids are 18+.

...

She can't force you to 'sign over' the mortgage. Firstly it requires your permission to have this type of change. Secondly, she has to be able to prove to a lender that she can afford the mortgage on her salary (some lenders ignore benefits as income), so she has to demonstrate she can meet the usual income versus loan ratio.

Lastly, any promises she makes needs to be put in writing by a legal professional and be completely enforceable. You also run the risk of losing the equity, if for example, she loses her job and the property gets repossessed.

The Shelter website gives information on 'occupation orders' where an occupant can get permission in court to live in the property until their youngest turns 18.