Ex Partner Not Paying Mortgage

Answered on 12 February 2016 by Nick Morrey

My problem is that my ex refuses to pay half of the joint mortgage. When he suddenly stopped paying I managed to get (with Halifax) just paying interest only. Halifax has now stopped it and only offered me 3 months reduced payment. I will pay part interest and part repayment which will add about £400 per month on the mortgage. My house has been on the market for a year and I reduced it last week by another £10,000. If I can't sell the house during the next 3 month I don't know what will become of me. Is there any way to make him pay?

Ex partner not paying mortgage

This an enquiry where I think you need to get some good legal advice urgently.

Who is responsible for paying a joint mortgage?

Joint mortgages are held as "jointly and severally responsible", that is to say that both borrowers are equally liable for the full mortgage payment, irrespective of any personal arrangemts between borrowers. This basically means that any arrears will have exactly the same detrimental effect on your ex's credit file as it will on yours. So by not paying his half of the payment he's making it more unlikely that he'll be offered any credit in the future.

What can I do now?

Whether you can force him to pay is the area that you need legal advice on, and as already mentioned I would recommend you speak to a solicitor urgently. Lenders are showing high levels of forbearance at the moment, and as long as they can see that you are making every effort to seel your property and are still maintaining some form of monthly payment, I think it would be difficult for them to seek possession.

Do you have any family member who might be able to help you out or have you considered renting out a room in the property?  Another option which I don't know if it would be practical, would be to move out and convert the property to a buy-to-let ?

If you'd like to talk through your options, then please submit an enquiry and we'll arrange a convenient time for you to speak to one of our consultants.

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.


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