What Can I Do if My Ex-Partner Stops Paying Their Share of the Mortgage After Separating?

Divorce and separation are hard enough without the added complication of a mortgage. It’s not uncommon for one partner to move out - or even remain in the property - and refuse to maintain the mortgage payments when separated.

What Happens if You Have a Joint Mortgage and Split Up or Divorce?

Nothing happens to your mortgage when you divorce, separate or split up. It doesn’t change. The debt and the agreement still remain the same.

What Happens to the Joint Mortgage if You Split Up but Aren’t Married?

When you have a joint mortgage and split up, you’re both still liable for the mortgage payments even if you were never married. This is because both your names will be on the mortgage so you’re both equally responsible for meeting the repayments.

Who Pays the Mortgage After Separation or Divorce?

All parties on a joint mortgage are jointly and equally liable for making sure the full capital and interest payments are made every month, irrespective of who lives in the property or any personal agreements between borrowers.

Do You Have to Pay Half the Mortgage if You Move Out or Split Up?

Be reassured that your ex-partner or spouse cannot simply walk away from your joint mortgage if you split up and they move out. There will be some extremely severe consequences if they try to as in the eyes of the lender, you're both equally liable to maintain the monthly payments. It's a pre-existing commitment that you've both already agreed to. 

The first thing to do in a situation where you have your ex refusing to pay the mortgage is to inform your lender. You should then consider seeking legal advice.

Does My Ex Have to Pay Half the Mortgage in the UK?

You and your ex-partner are equally liable for the mortgage - this remains true even if the loan is based on the income of one party or if one party moves out of the property. Your lender has the right to chase both parties, either jointly or individually, for payments - plus any costs, legal fees or loss made upon any possible repossession.

What Happens if Your Ex Stops Paying the Mortgage After Separation?

Both parties are still legally responsible for the full mortgage payment, regardless of if you've separated and one party has moved out. It's crucial to understand the joint liability implications and take appropriate actions to mitigate risks. 

If you have a joint mortgage and one person stops paying, and you can’t make up the difference, then both of your credit files will be negatively impacted. You will default on your payments and enter into mortgage arrears, meaning it will be much harder to secure a mortgage or any form of credit moving forward. Any arrears could put your property at risk of repossession and impact your ability to secure a competitive rate in the future. Again, make sure you speak to your lender or a mortgage broker as soon as possible - they can help you avoid any further complications.

Can You Have a Joint Mortgage Paid by One Person?

You can put another arrangement in place if you find that your joint mortgage no longer suits your needs after separation, such as transferring the mortgage into a sole name. Speak to a broker about your options.

Or, see our guide for more information on how divorce or separation impacts your mortgage.

Can I Transfer a Joint Mortgage to One Person So It's in My Sole Name?

Transferring a joint mortgage to one person so it's in a sole name is possible assuming the party remaining on the mortgage meets the lender's affordability criteria.

To remove someone from the mortgage, they’ll also have to be removed from the title deeds. This is possible through a legal process known as a transfer of equity. A transfer of equity is when you transfer joint ownership of the property to one of the owners, or to a new person. The equity you have in a property means how much of the property you legally own without a charge on it, based on the amount you’ve paid in through your mortgage repayments.

As you can’t be on the title deeds of a property without being on the mortgage, you’ll need to have your ex-partner removed from the title deeds in order to enable the lender to remove them from the mortgage.

It's easier if you and your ex-partner come to an amicable agreement to change your mortgage from joint to single before you approach this with a lender. If one party doesn't agree, then you'll likely need to consult a solicitor and go down a legal route to establish ownership of the property.

Can I Remove My Ex-Partner’s Name from the Mortgage?

You can apply for a transfer of equity to have the property transferred into your name only and your ex-partner’s name removed from mortgage. It's much simpler if your ex-partner agrees before speaking to your lender about making this change. If your ex-partner doesn't agree then you may want to consult a solicitor.

If your application to have the mortgage in your sole name is refused by the lender, it’ll most likely be because of an affordability issue. The lender will want to know that you have the income to support the whole of the mortgage payment by yourself. Should this happen, it's a good idea to speak to a mortgage broker like John Charcol. A mortgage adviser will be able to look for alternative options with other lenders that may be more affordable for your situation.

A transfer of equity isn’t your only option. We list other potential solutions regarding separating with a joint mortgage in the next section.

What Can I Do if My Ex-Partner Refuses to Pay the Mortgage After Separation?

Here are some steps you can take if your ex is refusing to pay the joint mortgage.

1. Communicate with the lender: speak to your lender as soon as your ex-partner indicates they won’t be maintaining their share of the mortgage payment. Lenders sometimes show leniency on cases where they’re kept updated and there's evidence that you're upholding your side of the mortgage agreement. Some lenders may even consider reducing your monthly payments by converting to interest-only or extending the term
2. Seek legal advice: consult a solicitor specializing in family law to understand your rights and obligations. They can provide guidance on the best course of action based on your situation
3. Mediation: engage in mediation services to negotiate a payment plan or other financial arrangements amicably. Mediation can help both parties reach an agreement without resorting to legal action

Can I Sue My Ex for Not Paying the Mortgage UK?

Whether or not you can take legal action against your ex for not paying the mortgage depends on a few key factors - mainly, whose name is on the mortgage and what agreements were made between you. 

If the mortgage is in both your names, you're both jointly responsible for the full amount, regardless of who lives in the property or who agreed to pay what. That means if one of you stops paying, the other is still legally obliged to cover the full payment and the lender can pursue either of you. 

If your ex was supposed to contribute but hasn’t, and it’s affecting your finances or credit, you may be able to make a legal claim - particularly if there was a formal agreement (like a court order or written arrangement) about how the payments would be shared. Without a written agreement, it can be more difficult, but not impossible. 

It’s best to seek legal advice, especially if the missed payments are causing serious issues or if the property is jointly owned. A solicitor can help you understand your options and whether a claim would likely succeed.

Mortgage Options if Your Ex-Partner Has Stopped Paying the Mortgage

If your ex-partner has stopped paying the mortgage and is refusing to make payments, and you want to transfer the joint mortgage to single, you can consider:

• Taking out a remortgage deal in your name only if you meet the lender's mortgage affordability criteria
• Transfer of equity: if one party wishes to remain in the property, a transfer of equity can be arranged. This process involves transferring ownership and mortgage responsibility to one party, often requiring approval from the lender. To get your ex to agree to a transfer of equity, you may have to buy them out of the property

If your ex-partner has stopped paying the mortgage and you can’t afford to remortgage alone or buy your ex out of the property, you can consider: 

• Replacing the person leaving the joint mortgage with someone who can afford it
• Moving home and downsizing by selling the house and repaying the current mortgage. Note that neither party can sell without the agreement of the other - find out how much you could borrow on a new mortgage as a sole borrower with our calculator and compare fixed rate deals with our best buys
• Getting a court order to remove your ex from the title deeds but not the mortgage. They would have no further claim to the property but still be liable for the mortgage

Preventative Measures

• Cohabitation agreements: before entering a joint mortgage, draft a cohabitation agreement that outlines each party's financial responsibilities and what happens in the event of separation. This legal document can prevent disputes and provide a clear plan
• Regular financial reviews: periodically review joint financial commitments to ensure both parties are meeting their obligations. This proactive approach can help identify and address potential issues early on

Resources and Support

• Debt counselling services: organizations like Citizens Advice and StepChange offer free debt counselling services that can provide support and guidance during financial difficulties
• Legal aid and solicitors specializing in family law: seek help from solicitors who specialise in family law for legal advice and assistance with resolving mortgage disputes
• Mortgage advisers for tailored financial advice: at John Charcol our professional mortgage advisers can offer personalized advice on managing your mortgage, exploring refinancing options, and other financial strategies

If you'd like to know more about your mortgage options, including remortgaging, moving home mortgage deals, replacing someone's name on the mortgage and more then get in touch on 0330 433 2927. We can help in all sorts of situations like if you require a self-employed mortgage, have bad credit, have a small deposit or something else.

You may want to speak with a free debt counselling organisation like Citizens Advice. They can advise you on any benefits you could be eligible for.

It’s also a good idea to consult a solicitor and arrange some mediation before you get to the point of missing payments.

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