Separation and joint-mortgage

Jeff.Jones78

Hello,

so separated from the Ex, was kicked out of the house by making my life hell and to prevent any impact on my daughter and ex-stepson, I moved out.
I am renting a house of my own (still another 6month minimum contract of it) and she is still in the house.

She had taken a tenant to have more income and I am paying my monthly maintenance.
She is now saying that I am liable for half of the mortgage but there is no way, I could pay half the mortgage, my rent and my maintenance...

Since I am now leaving in the house anymore, am I liable for the mortgage???
Don't know what to do of this mess anymore!

J.

P.S.: The more things are progressing, the more I think, even if it will cost me a fortune, that I don't have. I should have just kicked off the legal process months ago...

HappyMJ

Jeff.Jones78 wrote: »

Hello,

so separated from the Ex, was kicked out of the house by making my life hell and to prevent any impact on my daughter and ex-stepson, I moved out.
I am renting a house of my own (still another 6month minimum contract of it) and she is still in the house.

She had taken a tenant to have more income and I am paying my monthly maintenance.
She is now saying that I am liable for half of the mortgage but there is no way, I could pay half the mortgage, my rent and my maintenance...

Since I am now leaving in the house anymore, am I liable for the mortgage???
Don't know what to do of this mess anymore!

J.

P.S.: The more things are progressing, the more I think, even if it will cost me a fortune, that I don't have. I should have just kicked off the legal process months ago...

Yes you are liable for half the mortgage payment.

You will be entitled to half the equity from the house when the property is sold.

If you do not wish to pay half then get her to buy you out sooner rather than later.

Wassa123

You can probably get half the lodgers income too...

Thrugelmir

Speak to a solicitor as the financial side of your split requires formal resolution.

Technically you are jointly and severally liable for the mortgage debt. Though don't feel pressurised by your ex. If you are contributing the correct level of maintenance.

Alter_ego

HappyMJ wrote: »

Yes you are liable for half the mortgage payment.

Actually liable for the whole mortgage payment, but let's not be picky.

LittleMax

Was just looking at your other posts to see whether or not you are married. Seems you are not, and this question was answered previously...

https://forums.moneysavingexpert.com/discussion/5279840

You still have joint and several liability for the mortgage, and all the other advice still applies.

Pixie5740

I remember from your previous pose that your ex has no income at the moment (other than what you are giving her). You both have joint and several liability for paying the whole rent, there's no "your half" and "her half." If the mortgage isn't paid then the lender can come after one or both of you for the arrears as it makes not one jot of difference that you have moved out. No matter how much it rankles you do not want mortgage arrears or worse yet a property repossession on your credit files.

I know you are renting just now and have 8 months left of your fixed term tenancy. You could try and negotiate an early surrender of your tenancy, move back into the family home (it was a huge 5 bedroom, 3 storey property if I remember correctly) and ensure the mortgage is paid whilst you sell the property.

Guest101

OP you should reply saying of course, you shall return and resume payments of the mortgage.


If (or when) she refuses, offer her the opportunity to buy it out.


Finally (when she refuses) suggest the property is sold.


(and yes you would be entitled to have half the lodger income - remind her of this)

TBagpuss

You and she are liable to the mortgage company.

You can agree between yourselves as to how that liability is discharged.

There is no automatic assumption that you pay half each. There is an argument to say that she should pay half as her 'half' and half as 'occupation rent' for your half of the property, but if she cannot afford to pay that won't be much help.

Is she maximising her income? Is she working / looking for work? Is she claiming all benefits and discounts she is entitled to? If your stepson is a child, is his daad apying child support? If he is not a child, is he making any financial contribution?

How much is the lodger paying? It would be reasonable for half of that to be paid to you, or for the lodger's rent to be used to pay the mortgage with you contributing towards the remaining mortgage payments.

Is the house on the market? In the longer temr, you and she will need to agree on whether the hosue is goingto be sold (in which case, it may be sensible to approach the mortgag company to see whether they will agree a payment holiday while the house is marketed, to avoid arrers)
If she is looking to buy you out then she will need a higher mortgge so will need to shpw she can afford it.