Mortgage payments - partner left

Hi everyone, bare with me it's all a bit long winded, hope I'm in the right place.

Me and my partner (not married) bought our first home together last year, both our names on the mortgage. We split up about 6 months ago with me and our 5 year old child staying in the house and him moving out. For the past 3 months he hasn't paid anything towards the mortgage or any bills. First of all does he by law still have to contribute to the mortgage or any bills? Secondly, if we were to sell the house, would he be entitled to an even split of the equity even though he could potentially have gone months and months without actually paying towards it?

Replies

  • silvercarsilvercar Forumite, Ambassador
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    Yes and yes.

    He is jointly liable for the mortgage.

    He is entitled to the same equity share as you agreed when you bought together (generally assumed to be 50/50 if you didn't agree something different).

    Theoretically he could charge you rent for occupying his half of the shared property and use that money to pay his half of the mortgage. The bills are not his, as he is not living in the property.

    In practical terms you agree on what is reasonable.

    Maintenance for your child is a separate matter.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, in my home and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • TrickyDicky101TrickyDicky101 Forumite
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    silvercar wrote: »
    Yes and yes.

    He is jointly liable for the mortgage.

    He is entitled to the same equity share as you agreed when you bought together (generally assumed to be 50/50 if you didn't agree something different).

    Theoretically he could charge you rent for occupying his half of the shared property and use that money to pay his half of the mortgage. The bills are not his, as he is not living in the property.

    In practical terms you agree on what is reasonable.

    Maintenance for your child is a separate matter.

    That's an interesting viewpoint that I have often seen quoted here (by many people - not just Silvercar).

    I wonder what the basis is for making this assertion, however, since on the assumption the property is owned as Joint Tenants then presumably OP and her partner each own 100% of the property. How would the partner therefore charge rent for something the OP owns completely?
  • kingstreetkingstreet Forumite
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    Jones v Kernott?

    http://www.familylawweek.co.uk/site.aspx?i=ed89312

    Not a response to you, TD.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • Thanks for the replies. If he is still liable for the mortgage like you say silvercar, then how do I go about legally making him contribute to paying it?
  • silvercarsilvercar Forumite, Ambassador
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    Thanks for the replies. If he is still liable for the mortgage like you say silvercar, then how do I go about legally making him contribute to paying it?

    You have a child between you; you are going to be involved in each others lives for the foreseeable future.

    Ideally you make financial arrangements civilly.

    Of you reach a financial settlement and get it stamped by a solicitor.

    Failing that you involve the CSA, go for maintenance for your child and use (some) of that maintenance to pay the mortgage. If he refuses, I guess you go to court and apply for an attachment of earnings order, so some of his income comes direct to you and you use that to pay the mortgage.

    You could remind him that if you don't pay the mortgage and neither does he, both your credit records are going to be hit. Worst case is neither of you pay, the property is repossessed and you both suffer the consequences.

    As is often said, the more you engage in the legal process the more likely the only winners will be the lawyers.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, in my home and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • ThrugelmirThrugelmir Forumite
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    then how do I go about legally making him contribute to paying it?

    You can't. However worth ensuring that he pays the full amount of maintenance for your daughter.

    If the property is unaffordable you'll need to think of alternative plans.
  • xyz123xyz123 Forumite
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    Op sorry to hear about your problems. As said he is liable for mortgage and I can't offer any further advice on legal front.

    For what it's worth, please keep things civil until you reach an agreement as otherwise it can drag in forever. Keep record of things discussed like emails, text etc. It's not about getting paranoid and recording everything but just some key discussions. Good luck
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