Joint mortgage

Lilly31

Hi I’m hoping for some advice, my son stopped paying his half of the mortgage 6 year ago. As a pensioner I have been left to pay the full amount every month. Is there anything I can do by law ? I have left my half to my daughter in my will. He has never payed any home insurance or improvements or maintenance. Will he be entitled to his full half ? 

Advice really needed thanks

Caz3121

can you confirm
you have a joint mortgage on a property that you both live in?
is this property owned as joint tenants or tenants in common? - if latter how are the %s split?
you have been paying the entire mortgage, insurance, maintenance and improvements for the property for the last 6 years - he has been paying? (utility bills, food, council tax etc)

Lilly31

My son has never lived here it was a right to buy I got 33%discount. It is a joint mortgage in common. I have been paying everything.

Thrugelmir

It's a matter between you and your son. Did you draw up a formal arrangement?  Are you now struggling to pay the mortgage? Is the mortgage on an interest only or repayment basis?

Lilly31

Not sure on formal arrangement he was paying his half for a few year then stopped. I am struggling as I’m a pensioner the mortgage is on repayments not interest only. 

MovingForwards

There is no 'half' you are both joint and severally liable for the debt.

Did you sign a document, drawn up by the solicitors, setting out how much you would both put into the property and how much you would each get if it was sold?

How much is the property worth?

How much is outstanding on the mortgage?

Can you sell and buy a different property for half of what the difference is between value and outstanding mortgage?