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Mortgage with ex now in arrears

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Hi All

I have written here before but just want to check something as my solicitor is on holiday until 21st July..
My ex and I split up last January (2013) and we had not long bought a house together. I moved out (he basically left me no choice) last August and went back to stay with my mum and dad. I have always paid the mortgage, well my half, and so has he , until May of this year, when my ex arranged that the mortgage would not be paid for 2 months (not a break), because he was unable to pay due to being off his work sick and not getting full pay. I said that's fine with me and the lender advised me that we would just have to pay off the arrears from July. when we start paying again. The reason I'm still paying at all is because he is promising me a buy out, which i have been waiting on since February. . Anyway, this month he said he would be able to pay again. And as of yet he has not paid his half. The bank are willing to accept two transactions, half from him and half from me to cover the full payment and start paying off some arrears. As of today the payment is a week late and I have not paid my half because he has not paid his. . I said to myself I am not paying until he has paid his because it won't cover anything, just pay off some arrears.

My question is this: If I phone and pay my half, will they have it on record, and will it go in my favour for the future that I have kept to my side of the bargain? Or should I be of the stance that if he isn't going to pay, then neither should I?

I can see this going to a repossession if I'm honest. He really has played me for a fool for all this time. I'm so angry and frustrated and I just don't know what to do. :(

Thanks for any help
Carly

Comments

  • StuC75
    StuC75 Posts: 2,065 Forumite
    Nope. Whilst they may show a little sympathy to you on the phone, it doesn't affect the legal position that you are both Joint & Severally liable for the whole mortgage payment.

    Part or non-payment will affect you both to the same extent. Anything paid would always count against arrears first anyway.

    How much equity is there in the house? if its not much then if it was to go to repossession then you would come out of it with a debt remaining anyway..

    Have you plans to buy anywhere in the future? would you be alright with credit problems for the next X number of years?..

    Was there not any illness cover set up to cover were either of you to be sick?
  • Dan:_4
    Dan:_4 Posts: 3,795 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Get it on the market today!
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What action has been taken to sell the property?
  • carlym81uk
    carlym81uk Posts: 46 Forumite
    Ninth Anniversary Combo Breaker
    I got my solicitor to write to him saying that if he did not agree to sell up then I would force it through action of division and sale. . His solicitor wrote back to me offering me a small lump sum of 5k. We responded to ask for a bit more. To this day I have not heard a peep from his solicitor. My ex has told me he would buy me out and that he will have it sorted asap. . but no replies now to texts from me and no response from his solicitor. One big nightmare :(

    I would like to buy again in the future, so I wouldn't be happy with having it repossessed. He has ruined my credit enough already. He did have an insurance policy on the mortgage for himself but he was off with depression and anxiety and I'm not sure it covered that
  • Dan:_4
    Dan:_4 Posts: 3,795 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Whatever you do dont let it be repossessed for the sake of your own future.

    What was the 5K lump sum for?

    Can he afford to buy you out? I doubt it otherwise he would have done it by now surley?

    Honestly, If I were you I would be down the estate agents this afternoon and get it on the market, priced realistically for a quick sale. Any profit should be split between yourself and your ex after any arrears has been paid back of course :)
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