Mortgage - Partner Left

[sazzle84]

Myself and my partner got a mortgage two and a half years ago. After six months he left. Since then I have been struggling with the payments as he is not contributing.

The house is currently on the market but will not sell.

Where do I stand? I have been paying what I feel is half of his debt, should he legally be paying his half?

[dot.haukes]

If he signed for the loan and his name is on the mortgage account yes he should, ust cos he does not live there does not excuse him, but what do you mean when you say you have been paying what you feel is half his debt? do you mean on top of your half?

[sazzle84]

Thank you for your advice.

I spoke to a solicitor and as we have a "together mortgage", apparently if he doesn't pay I have too.

By half his debt I meant half of the mortgage payments each month. I would never have agreed to get so big a mortgage if I knew this would happen as unaffordable for me as a single person.

[Barmaid]

Trouble is that you are jointly and severally liable for the mortgage so you are both equally meant to pay the whole. Whilst you are paying his share I can understand your concern. however, he COULD charge you occupational rent for living in his half of the property. The fair way of determining who owes who is to have a rental valuation of the property done. Ie if the mortgage is �1,000 pcm and the rental value is �800 pcm you are effectively over paying by �100 pcm (you are entitled to half in your own right) and this should be taken allowed for in his half of the sale proceeds.

If you are experiencing difficulty - talk to the mortgage lender. They would rather you try and reach some arrangement with them rather than get into financial difficulties.

[sazzle84]

Thanks barmaid,

If i have been paying the full mortgage can he really charge me occupational rent?

I've tried speaking to the mortgage lender and basically, they dont care who pays the mortgage as long as someone pays it!

[Barmaid]

He can't charge you occupation rent on top of the mortgage payments you have been making. Sorry i didn't make it clear. Say you persuaded him to pay half the mortgage - he could then charge you occupation rent for his half of the property and you would probably end up in a quits situation subject to any differences between the two.

[dot.haukes]

Barmaid how is a together mortgage different from a joint mortgage? have they taken out a morgage together but not told the mortgage company they were a couple?

[albaqwerty]

I don't know the legal ins and outs, but couldn't you sue him for 50% of the mortgage monthly repayment?

[Barmaid]

I have never heard of a together mortgage - but by sazzle's description, its exactly the same - ie joint and several liability. Ie they are both liable for the whole of the payments.

Albaquerty - sazzle could try, but it would be defended on the basis that she is living in the property and thus she owes him rent for his half under what is called "equitable accounting" principles.

[sazzle84]

I'm hoping to sell the house once the market picks up to get out of this situation.

Currently he isn't paying and to be fair my solicitor is useless! Does he have to pay? What is the law and how do I go about it?

[Barmaid]

Sazzle, the law is that yes he is liable for his half on equitable accounting principles to you. But you are liable to him on the same principles for occupation rent to him. There may be a slight difference, but often one will cancel the other out.

Best you can do is get the thing sold, sort out the accounting between you and get somewhere more affordable.

[sazzle84]

A together mortgage is, for example a 95% loan and a 5% loan to make up full mortgage.

[Barmaid]

In joint names?

[jb190281]

rent out a room to help meet mortgage costs just til the market picks up

[sazzle84]

Yes, the together mortgage is in joint names.

If the house sells there is an unsecured loan, is he liable for 50% of that? The mortgage company said no but i can't believe that. If he is liable how do I go about this?

[cassa333]

I would be more concerned about the sale.

Could he come along and say he wants 50% of the increase in the equity (assuming there is any) even though he hasn't contributed much?