Divorce - Who is responsible for paying the mortgage?

Posted on 13 January 2012 by Sarah

Me and my ex divorced last march (did our own divorce) and he moved out of the marital home (currently up for sale). The mortgage is in both our names. Is he required to pay the mortgage until sale?


As the mortgage is your joint names you both have a contractual duty to make sure the mortgage payments are met in full each month regardless of who is living in the property.  If the payments are not made and the lender has to take possession of the property, you will also both be liable for the whole of any loss they make on sale.

I take it that your ex husband is not meeting his obligations and they are several steps you should take to protect yourself:

First of all speak to your mortgage lender, let them know that you have divorced and that your husband no longer lives in the property.  You should also give them any contact details for your ex so that they can contact him directly for any outstanding payments.  You may also be able to arrange a lower monthly payment, if you are having trouble meeting the full payments on your own.  Keep a note of all conversations, with dates and times so that you can refer back to these should your lender seek a court order for possession.

Secondly take legal advice on your position and what you can and can't do to get your ex to pay his share.  If you do not have a Solicitor you should talk to Citizens Advice or we can put you in touch with our in-house Solicitors, Rollingsons.

Please call 0344 346 3672 and tell the consultant the date and title of your question, they will then be able to refer you to the appropriate person..


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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