Mortgage after Moving Out

Debt_Free_Chick

Increasingly, though, settlements are of the "clean break" type rather than spousal maintenance, so the capital/assets are split to reflect this.

Maintenance for children is a different matter, though.

AuntyJean

Debt_Free_Chick wrote: »

This is horribly complex and really needs proper legal advice from a Family Law solicitor. But, in general .....

I assume the mortgage is in joint names? If so, then each party is fully responsible for the whole mortgage (jointly and severally liable). The lender doesn't care who pays what - they just want the repayments made in full. They'll pursue either and both party for full repayment.

Usually, with children, the bread-winner is required to contribute to the general bills of maintaining the former matrimonial home. In this case, the "child" is 18yo. Is she still in full time education? If so, then your OH may be required to pay maintenance to fund some of the costs of keeping her in the former home - but it depends on the circumstances.

If the daughter is working, then her ability to contribute to living at the former home will be taken into account.

The needs of housing the daughter at the former home is key here. If she no longer lives there or if she is working and can contribute to the bills for the former home, then OH's contribution ought to be adjusted accordingly.

He is stuck between a rock and a hard place. If the mortgage is not paid, then his credit rating will be affected. And if the property is repossessed, that will be as much his financial problem as his ex-wife's.

Get legal advice - and fast!

The daugher is still living there but we would get a flat for her if necessary

Debt_Free_Chick

AuntyJean wrote: »

The daugher is still living there but we would get a flat for her if necessary

Working or still in full-time education? That will make some difference, although if she is at Uni in a different town/city it might not make much difference.

But your OH really needs to see a Family Law solicitor ASAP.

AuntyJean

Debt_Free_Chick wrote: »

Working or still in full-time education? That will make some difference, although if she is at Uni in a different town/city it might not make much difference.

But your OH really needs to see a Family Law solicitor ASAP.

She is working.

silvercar

If th daughter is just 18 she may want to live with her mother (or possibly her father) rather than have a flat at the moment!

Debt_Free_Chick

AuntyJean wrote: »

She is working.

It's quite likely that your OH will not be required to pay to keep them both in the current house. They may have to downsize and ex-wife may have to get a job to pay a mortgage.

BUT .... he needs to see a solicitor as so much depends on the "detail" of the situation. Basically, though, it would seem as if his daughter is not a "dependant" in the sense that she can "stand on her own two feet" and does not need his financial support.

Get to a solicitor and get this sorted. Back to previous posts, his credit rating will be wrecked if the mortgage is not paid. And that might affect you too, if you have any joint credit.

AuntyJean

Having consulted a solicitor the wife is going for everything she can get.

OH has now (through his solicitor) had a letter from her solicitors advising that he needs to pay the arrears on the mortgage in full (and that she is currently in receipt of Job Seekers Allowance).

My partner paid the mortgage without contribution from her (she stopped paying any wages into his account in Dec 07) right up until May even though he moved out on 12th Jan!

We realise this is going to be a costly and long drawn out but we need to plan our finances together and I am having to hold down two jobs full time day - 5 days a week plus 3 evenings of 4 hours) just to keep us going and to help towards the daughter who refuses to leave the house (now 18 and living there on her own).

Is my partner responsible for the entire mortgage payments even though mortgage in joint names. He has a good job but she is fully capable of working, just chose not to and walked out of her job to live with her new man elsewhere in the country.

It could take months or even years to sell the house and he has no interest in any equity as this will be minute.

happybroker

I'm afraid he is repsonsible for the mortgage in it's entirity but so is she.

It's called joint and several liability which means that either party can be persued by the lender for the full amount of monthly payment or the balance of the loan.

I'm guessing by now the mortgage will be nearly 3 months in arrears if he stopped paying in May, if he hasn't started speaking to the bank he needs to as they will start reposession proceedings pretty soon and not at least ringing them to explain makes it look even worse.

I think that planning your finances together is going to have to wait at the moment, certainly until something definite is decided over what is happening with his divorce.

As there are arrears already, you need to make sure that you are not being tarred with that brush also. If you have applied for anything jointly then there will be a "financial association" on your credit search. You need to write to the credit reference agencies to "disassociate" yourselves as this could affect you.

Good luck

AuntyJean

happybroker wrote: »

I'm afraid he is repsonsible for the mortgage in it's entirity but so is she.

It's called joint and several liability which means that either party can be persued by the lender for the full amount of monthly payment or the balance of the loan.

I'm guessing by now the mortgage will be nearly 3 months in arrears if he stopped paying in May, if he hasn't started speaking to the bank he needs to as they will start reposession proceedings pretty soon and not at least ringing them to explain makes it look even worse.

I think that planning your finances together is going to have to wait at the moment, certainly until something definite is decided over what is happening with his divorce.

As there are arrears already, you need to make sure that you are not being tarred with that brush also. If you have applied for anything jointly then there will be a "financial association" on your credit search. You need to write to the credit reference agencies to "disassociate" yourselves as this could affect you.

Good luck

Thank you. Why would her solicitors suggest HE needs to keep up the mortgage. He is in arrears already because of a loan he had to take out to pay the mortgage arrears up to May. Just because he is working does that make him more responsible for mortgage payments?

happybroker

her solicitors are there to protect her, the mortgage being in arrears means that her credit status is being shot to bits and also that the house that she owns jointly with your OH is at risk of repo...they're only looking after her best interests.

unfortunately, as she isn't working, maintenance of the mortgage is not possible for her (not that she seems too interested in doing that anyway!) and as your OH has a contractual obligation to pay the whole amount (as per the joint and several liability thing) they will tell her this and push it with him.

you mentioned in your previous post that he had maintained the mortgage until may and then that he didn't but had to take out a loan to clear the arrears at that time.

if he has an unsecured loan the mortgage should take priority over those payments. Has he spoken to the lender?