Posted on 7 February 2012 by lyn
My partner and I have split and we have a mortgage together. He is living in the property with his girlfriend and I have been paying my half of the mortgage. The house has been up to sale for 1 year and he does not really want to sell. Can I stop paying my half of the mortgage?
All the time the mortgage is in your joint names you have a contractual obligation to the bank/building society to make the mortgage payments. If you or your partner stop paying then the lender has a right to pursue either one of you for the whole amount regardless of what arrangements you made between yourselves.
I would never advocate that you stop paying, but you should explore what alternatives are available to you, such as transferring the property to his sole name and to this end I have forwarded your question to our in house solicitors Rollingson's. They will reply, in private, to you by e mail.
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