Posted on 27 April 2010 by AJ
Myself and my Ex partner have a morgage together. We seperated approx 1 year ago, but due to the downturn in the market at the time decided to keep the mortgage going until there was a better selling environment. Subsequently she has ceased paying her half to the current tune of £6000+. Although I am keeping up the payments money is now a real struggle.
Is there any way to either force her to pay her way or alternatively once the property is sold could I make a claim against her for withholding her share of the mortgage payments?
I fear that her blase attitude towards her future credit rating stops her paying and I don't want to plunge myself into debt with no way of recouping at the end.
Reading between the lines, I get the impression that ideally you would like to keep the property and given your ex-partner's attitude towards credit look at removing her name from the mortgage and title deeds. In these circumstances you may have to pay your ex-partner for her share of the property, but would have a strong argument to reduce the amount by the total mortgage payments you have made on her behalf.
Alternatively, you may leave the property and mortgage in joint names and ask a Solicitor to change the title of the property to Tenants in Common and rather than a 50/50 share, change this to weigh in your favour. The precise split to be determined by you and your ex-partner. In this way you would benefit on the sale of the property by receiving a greater share of the sale proceeds.
I recommend that you seek independent legal advice about these and alternative options and also speak to your Lender about the possibility of taking the mortgage over on your own. They will want to make a thorough assessment of your circumstances before agreeing to release your ex-partner from her covenants.
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