Shared Mortgage payment dispute

MartinD15

I am currently living in the hose that I joint own with my now ex partner, she left around March time and since she left she hasn't made any contribution towards the mortgage, I've made countless attempts to try and seek some form of mediation with her where the house is concerned...

By applying to court is it possible to reclaim the money she hasn't paid towards her half of the mortgage since she left and up until the house sells, and if so has anyone any advice on how I go about starting the proceedings?

Thrugelmir

Speak to a solicitor. Be prepared to compromise. Otherwise the legal bills may run away.

MartinD15

Yeah I spoke to a solicitor a short while ago, he suggested writing a letter to her out laying my intentions and should that not work I could use it as evidence in court. I've offered to buy her out as she can't afford to take the mortgage on by her self, she claims not to want the house but yet doesn't want me to have it either... I can't work it out!

If she is so adamant that the house sells even at a loss then I expect her to pay her half of the mortgage until it does and I hope I can claim for all of the previous months that she hasn't paid anything also

getmore4less

The problem here is you are using her share of the house so owe her market rents for that, so she can pay her share of the mortgage.

Get a lodger to replace her and use that to pay for her share of the mortgage.

She can't realy stop you buying her out if you are prepared to pay more than anyone else.

I can't remeber the actual legal terms but there is a put up or shut up, where you put the offer on the table and they need to take notice and can be liable if they force a different action and yo have loses.


whats the situation on things like deposits and did you do a trust deed to outline the resonsibilities of each of you in circumstances like this?

MartinD15

I understand what you're saying however she chose to leave of her own accord and then refused to pay anything towards the house so I was left to pay her half... or is that irrelevant still?

I paid the 5% deposit on the house and the builder contributed another 3% on top of that

With the mortgage only being held for just over a year there isnt any equity in the house at all after considering the interest on the mortgage and estate agent fees etc so I'm pretty much at a stale mate with it all.

I've made what I feel to be a very generous offer under the circumstances which has been thrown back at me in spite which leaves me back at square 1.

Thrugelmir

MartinD15 wrote: »

With the mortgage only being held for just over a year there isnt any equity in the house at all after considering the interest on the mortgage and estate agent fees etc so I'm pretty much at a stale mate with it all.

Only you can decide what to do. If there's no equity seems little point in fighting your ex. As there's little to be gained. Selling up so that you can break ties and move on with your life may be worth more than any amount of money.

-taff

MartinD15 wrote: »

I understand what you're saying however she chose to leave of her own accord and then refused to pay anything towards the house so I was left to pay her half... or is that irrelevant still

Totally irrelevant. You were jointly liable for the mortgage payments, and equally liable, so if she doesn't pay, you have to.