He's Refusing to Pay. What can I do?

Posted on 27 February 2012 by Gemma

My partner and I have split and we have a mortgage together he is refusing to pay half the mortgage. Can he do this? He isn't living in the property.


All the while the mortgage is in your joint names, each of you have a joint and separate responsibility to ensure the monthly mortgage payments are met in full.  What this means is that if one of you is not paying then the other needs to make up their share.  It also means that if payments are not made then the lender can pursue either of you as individuals or jointly for any outstanding payments regardless of what arrangements you have made between yourselves for payment.

As your partner is refusing to pay his share you must talk to your lender straight away and let them know the situation.  They may be able to help you by temporarily reducing the payments or switching you to interest only payments whilst you try and sort out the situation.

You also need to take independent legal advice and I have referred your question to our in house Solicitors, Rollingson's.  They will contact you, initially by e mail and let you know what your options are from a legal standpoint.


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