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Negative equity mortgage with Ex-Partner

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Hi, 

I have a joint mortgage with my Ex-Partner, the mortgage is at £30K negative equity. since we split up 3 years ago my ex refuses to pay anything towards the mortgage and I had to make full payments to avoid having the house repossessed and a negative impact on my credit score.

We are now planning to sell the house, take the hit and pay the negative equity. As I said I have been paying the mortgage alone for the past 3 years, my question is, when it comes to paying the negative equity debt, is there anything I can do to force my Ex to pay more than me to make up for not paying anything during the past three years? Over the past three years, I have paid more than 20K towards the mortgage and my Ex paid £400, I don think it is fair that after paying alone and reducing the mortgage we end up paying the same amount towards the £30K debt.

Appreciate any help or advice

Comments

  • MWT
    MWT Posts: 10,210 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    I don't want to sound overly negative, but from what you've said so far, getting them to agree to a sale and to covering half the shortfall is probably a 'win'.
    I assume they have clearly indicated that they are willing and able to pay half the shortfall?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Who has been living in the place?
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Did you sign a Deed of Trust when the property was acquired? If so, you need to find that and see what it says.

    You might be able to have your mortgage payments taken into account but (1) it depends on what your deed of trust says and (2) if you cannot reach agreement with your partner you would ultimately need to go to court which is expensive.

    Were you married? If you were married, there will be other factors to consider, as ownership of the house should be considered as part of the overall divorce.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who has been living in the place?
    I'd guess the OP has.  Whereas the ex partner has to pay living costs elsewhere. 
  • huzzF
    huzzF Posts: 2 Newbie
    First Post
    Thanks for the replies. I have been living in the house for the past three years.

    There was no deed of trust or any legal documents, and he is not paid anything towards the mortgage since.  we have said we will sell it as soon as possible when we split up (given the negative equity). 
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