News1 min ago
Realtionship break up - the money issues
Basically my partner of 4 years, got up and left me for someone else about 4 weeks ago.
After initially trying to work things out ourselves, things got nasty when her parents got involved. That matter is now in the Polices hands.
My money problems have now come to the fore, as she is refusing to pay half of the mortgage and half of a joint loan. The loan was used for home improvements and to buy a car she is the registered owner of. I also have a chunk of credit card debt that was spent on both of us but is in my name.
Do i have any legal rights to enforce she pays half of all the debt/mortgage payments that were incurred whilst we were together?
After initially trying to work things out ourselves, things got nasty when her parents got involved. That matter is now in the Polices hands.
My money problems have now come to the fore, as she is refusing to pay half of the mortgage and half of a joint loan. The loan was used for home improvements and to buy a car she is the registered owner of. I also have a chunk of credit card debt that was spent on both of us but is in my name.
Do i have any legal rights to enforce she pays half of all the debt/mortgage payments that were incurred whilst we were together?
Answers
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Whose name is the mortgage in?
The loan and credit cards debts are in your name only so you are solely liable to the companies.
You could try getting a court order to make her pay but you would have to prove that it was always intended she would pay - she will say the car was a gift and you have the benefit of the home improvements. It will be very difficult - and if you do win the case you will then have the problem of enforcing the judgement - making her pay.
If the mortgage is in both your names you are jointly liable for the repayments
The loan and credit cards debts are in your name only so you are solely liable to the companies.
You could try getting a court order to make her pay but you would have to prove that it was always intended she would pay - she will say the car was a gift and you have the benefit of the home improvements. It will be very difficult - and if you do win the case you will then have the problem of enforcing the judgement - making her pay.
If the mortgage is in both your names you are jointly liable for the repayments
Mortgage and loan are in both of our names, but the payments are setup to come out of my account, so obviously i'll be hit with any issues if they are not paid.
I'm currently not in any position to be able afford the payments that need to be met alone.
Any advice of what i can do with the relative financial institutions to ensure she is contacted to make her half of the payments?
I'm currently not in any position to be able afford the payments that need to be met alone.
Any advice of what i can do with the relative financial institutions to ensure she is contacted to make her half of the payments?
Inform the lender and the mortgage company as soon as possible, although with joint loans each is liable for the whole, not half each.
Be aware that your ex will be entitled to half the equity in the home, so think about selling as soon as possible, if that is an option, otherwise you'll be paying for everything and she will cash in.
Be aware that your ex will be entitled to half the equity in the home, so think about selling as soon as possible, if that is an option, otherwise you'll be paying for everything and she will cash in.
In short the answer is NO, but. . .
Is the house in joint names? if yes then apply for sole possestion, after 4 years you couldn't have payed that much off your mortage and i can't imagine your ex putting much of a defence to claim half the debt (unless the house has a lot of possitive equity)
Make sure all corrispondance is now done in writing!!!! No verbal under any circumstances!!!!! Write to her mentioning the above making it clear that she has previously refused offers to pay half the mortage and thus should have no claim to the house.
The registered owner of the car is irrelivant, you WILL have to pay ALL the loan as it is joint - If you want to keep your credit rating then pay the loan and as long as it is below �10000 (�5000) claim, take her to a small claims court. You Will get the judgement and if she refuses to pay the baillifs will take possestion of the car.
Court can seem a daunting process - it;s not, but it can take a long time and your bank balance will suffer the brunt until a judgement is passed so START NOW.
The form you need is a N1 form, she may even back down when she recieves the court papers. But REMEMBER no verbal communication form now on!!!!!!! You need to substantiate the veracity of your claim(s) and send everything recorded signed for.
Good Luck and start researching (unless you want costly solicitors fee's)
Is the house in joint names? if yes then apply for sole possestion, after 4 years you couldn't have payed that much off your mortage and i can't imagine your ex putting much of a defence to claim half the debt (unless the house has a lot of possitive equity)
Make sure all corrispondance is now done in writing!!!! No verbal under any circumstances!!!!! Write to her mentioning the above making it clear that she has previously refused offers to pay half the mortage and thus should have no claim to the house.
The registered owner of the car is irrelivant, you WILL have to pay ALL the loan as it is joint - If you want to keep your credit rating then pay the loan and as long as it is below �10000 (�5000) claim, take her to a small claims court. You Will get the judgement and if she refuses to pay the baillifs will take possestion of the car.
Court can seem a daunting process - it;s not, but it can take a long time and your bank balance will suffer the brunt until a judgement is passed so START NOW.
The form you need is a N1 form, she may even back down when she recieves the court papers. But REMEMBER no verbal communication form now on!!!!!!! You need to substantiate the veracity of your claim(s) and send everything recorded signed for.
Good Luck and start researching (unless you want costly solicitors fee's)
Going back some time now but when i was in this situation i was told by my solicitor to immediately inform all financial institutes of my new change of circumstances. If you say you cannot pay all joint loans/credit cards etc yourself if you make an offer to the financial lender that you will meet your half this does go for you as it shows that you are willing to meet your part of the loan. Inform them of her new address details etc and anything else which may be of use to them. With regards to house if you are not in a position to "buy her out" it is best to get it up for sale rather than it lead to repossession. At least these are joint loans and not loans in your sole name so she still is legally bound to pay (say for example you failed to pay she would be responsible and vise versa) but as i say if you offer your half to the financial institution and it comes out of your sole bank a/ c at least it does show that you made contributions. This will keep them at bay until the whole mess is sorted out. Hope things dont get too messy, its not a nice situation to be in and i do feel for you. My motto, what goes around comes around and believe me you will see your day with her! Chin up :-)
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