Stuck on a Mortgage with an ex

Madball

Hello,

I have a bit of an odd one really and I'm looking for a bit of free advice.

We separated in 2007, we had a joint mortgage and during the separation, we agreed at the time that we would remortgage the property to interest only because my ex wanted to stay in the marital home and couldn't afford the full mortgage payments at the time. Additionally, I lost my job at the time and couldn't afford to make payments myself.

Within 6 months of our separation, my ex-wife's new partner moved in and they are now married. During this time they paid the mortgage (interest only) because they lived in the property and I had my bills to cover for my rented property. During this time I never really made a lot of money per year and couldn't afford legal advice etc. So over the last 16 years, I have been politely asking my ex-wife to take my name off the mortgage and to remortgage it into hers and her new husband's name. They pretty much refused to do this so I've been stuck.

Recently, I have managed to get myself a well-paid job and started legal proceedings to get my name off the mortgage. My solicitor did offer them to remortgage the property and they can take 100% of the equity and they've just ignored the letter.

Her response to this is to now stop paying the mortgage leaving me with having to make payments and her living in the property mortgage/rent free.

I am currently waiting for the first hearing. I want to know if there is a way to force my ex into paying the mortgage whilst she is living in the property until it is sold. I feel like I'm being financially abused and currently held to ransom on a mortgage that I've been asking to be taken off for the last 16 years.

Hoenir

What was the agreement made in the financial consent order when you divorced in relation to the property? 

If your ex doesn't pay the mortgage then she'll shot herself in the foot in any event. Maybe worth informing your mortgage lender formally, i.e. in writing of the situation. You'll at least be covering your own back. Keep it factual though no references to abuse etc. 

Madball

Hoenir said:

What was the agreement made in the financial consent order when you divorced in relation to the property? 

If your ex doesn't pay the mortgage then she'll shot herself in the foot in any event. Maybe worth informing your mortgage lender formally, i.e. in writing of the situation. You'll at least be covering your own back. Keep it factual though no references to abuse etc. 

If I'm honest, I don't think there was any financial consent order in place during our divorce, mainly because I couldn't afford solicitors at the time.

I've spoken with the mortgage provider and they're unhelpful which is understandable. They've said that we're both on the mortgage and at least one of us needs to pay.

I just feel stuck, because my court hearing could be months away and I've not got the finances to pay the mortgage for a long prolonged period.

I just hope that the judge immediately allows the sale of the property and I can get it sold ASAP. I was hoping that during the time between being given the ability to put the house on the market and it being sold the courts force her to pay for it, considering I don't live there and haven't for 16 years.

Hoenir

Do you have any chidren that you financially support that are still living in the property? 

MeteredOut

How much equity is in the property? And do you own that equity equally?

Is your ex aware that if you also stop paying the mortgage, the house will ultimately be repossessed, affecting both your credit ratings and impacting her life?

At the moment she's making it a you problem; she needs to realise its her problem too.