Can I stop paying mortgage when ex refuses to sell house

edited 30 November -1 at 1:00AM in Mortgages & Endowments
15 replies 1.3K views
Emma40HarrisonEmma40Harrison Forumite
3 Posts
edited 30 November -1 at 1:00AM in Mortgages & Endowments
I left my husband last year after domestic abuse. He still lives in the family home and I live with my 6year old daughter at my parents house. We have a joint mortgage and I am paying half which is £504 a month. He is now refusing to sell the house until I agree a 50/50 financial split. He won't buy me out. Do I still have to pay the mortgage?
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Replies

  • BoGoFBoGoF Forumite
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    If you did you would ruin your credit history.

    Have you had legal advice to force a sale?
  • brisbris Forumite
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    Is there any reason not to agree a 50/50 split?


    You can stop paying the mortgage but you are just as liable as your X financially when it gets repossessed.


    It's time to see a solicitor.
  • My solicitor say as I've been left in a worse financial situation that I might be eligible to larger portion of the sale. He also said to sell the house first and then negotiate the financial split. I haven't said I won't do 50/50 but he now refuses to sell until I do
  • Blackpool_SaverBlackpool_Saver Forumite
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    I would agree to it, get rid of him, if he stops paying you will still lose your credit rating, it's not fair but at least you can move on
    Blackpool_Saver is female, and does not live in Blackpool

  • enthusiasticsaverenthusiasticsaver Forumite, Board Guide
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    You are in a bit of a catch 22 situation.

    You are both jointly liable for the mortgage so if you stop paying your half will he pay the whole mortgage or let it fall into arrears? If that happens you will both have your credit records affected.

    If he refuses to sell unless the split is 50/50 then this could drag on for ages costing you in legal fees and not being able to move on. How much equity is there?
    Early retired in December 2017

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  • I did think I would still have to pay. Will end up with about £75,000 if we split 50 50
  • BermoniaBermonia Forumite
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    Take the money and run... as you both appear to be paying 50/50 to the mortgage unless there was a written agreement to a different split then I am unsure how strong a case you would have for more - whilst I appreciate your lawyer says you do, being devils advocate it does suit them financially for the case to drag out - as such any further gain you may get could equally be swallowed up in further fees if not worse.
  • ACGACG Forumite
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    Assuming there is no reason not to (ie you did not put in more than half), I would agree to it. You would lose money on legal fees (that the lender would charge you) rolled up interest and your credit report would be shot.
    I am a Mortgage Adviser
    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.
  • SocajamSocajam Forumite
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    My solicitor say as I've been left in a worse financial situation that I might be eligible to larger portion of the sale. He also said to sell the house first and then negotiate the financial split. I haven't said I won't do 50/50 but he now refuses to sell until I do

    Solicitors are like parasites - only looking out for themselves.
    Your solicitor will tell you anything because at the end of the day he will be making money, whilst you will be losing.
    Sit down with your ex and come to a mutual agreement and get the solicitor involved as little as possible, that way you walk away with a higher portion of what you are entitled to
  • ThrugelmirThrugelmir Forumite
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    Socajam wrote: »
    Solicitors are like parasites - only looking out for themselves.
    Your solicitor will tell you anything because at the end of the day he will be making money, whilst you will be losing.
    Sit down with your ex and come to a mutual agreement and get the solicitor involved as little as possible, that way you walk away with a higher portion of what you are entitled to

    Terrible advice. You have no idea what you are talking about. Very apparent that you've not gone through a similar situation yourself.

    OP , please be guided by your solicitor. Are they a family law specialist? If not consider moving to a legal practice which is. You and your daughter have considerable rights from the perspective of the courts. Expect a far better settlement than 50/50 of not just the equity in the property, but other assets. Including your husbands works pension.

    With regards to payment of the mortgage. If it's affordable pay it. At least ensure that your credit profile is intact. What you contribute can be reconciled at a later date.
    It's not whether you're right or wrong that's important, but how much money you make when you're right and how much you lose when you're wrong." — George Soros
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