Mortgage Advice

[sivam]

ex partner refusing to pay his half of mortgage after split. Civil partnership. Is there free advice anywhere. Both working. THANK YOU

[trt]

Has he/she moved out, more details needed.

[Old_Geezer]

Is the mortgage in joint names ? Are they claiming to own half the property ?

Citizen's Advice Bureau is free advice.

[CheekyChops]

Assuming that the mortgage is a joint one, there isn't an 'his half of the mortgage', you are both jointly and severally liable for the full amount. The lender doesn't care who pays it, as long as one of you does. If you want to keep your credit record clean, you will have to pay it. Otherwise advise your ex that if neither of you pay, it will probably end up getting repossessed and will definitely trash both your credit files for a very long time.

[sivam]

Ye s one has moved out. Claiming he cant afford to continue to pay half mortgage (joint). Can name be removed giving him no claim on the property. Thank you.

[black_cat51]

not unless he agrees (and your mortgage company agrees. He has a point i suppose - it would be rather galling to pay for a house that you don't/can't live in AND have to pay rent elsewhere. You probably need to get him (and the motgage co) to agree you buy him out, or sell

[factor-fiction]

I think the ex partner would argue they have been paying previously so may feel they have some share in the property.
You may need to try to negotiate something.
Is it worth involving a solicitor- especially if there are other bills and assets that could be disputed?

[hc4361]

If you earn enough on your salary to afford the mortgage the mortgage company may be happy to give you a mortgage in your sole name provided your ex agrees.
He will probably want a share in any equity in the property so you will have to factor that cost in too.

Your other option is to sell, which he will have to agree to before you can do so.

If there is equity in the property and he wants it then he can apply to the court for an order of sale, which will force you to agree to sell the property and divide the proceeds. Equally you can force him to agree to the sale.

[sivam]

Thank you all for help. Will pass on the info. Oh what a tangled web etc.

[hc4361]

My advice to anyone in your situation, assuming there are no children involved, is to sell up, divvy up the proceeds and start afresh.