Liability for mortgage payments.

Posted on 14 June 2011 by Michelle Marriott

My partner and I have seperated and we have a joint mortgage. I have moved out and plan to privately rent and he wishes to continue living in the property. He has stated that although I will not be living there I am legally obliged to pay him half the monthly mortgage payment. I know that the mortgage company will expect the payment from me, if he doesn't pay, but do I have to give him half the mortgage money if I'm not living there?


You are jointly and severally liable for ensuring that your mortgage is paid in full and on time each month.  This means that you are both liable for the entire payment and that if they are not made the lender can pursue you both for payment or if one of you does not have the funds they can pursue the other for the full amount owed.  This  is regardless of who is actually living in the property.

If you haven't done already I recommend that you speak to your Lender to explore whether or not it is possible for the mortgage to be transferred in to your partner's sole name.  This will depend on his earnings being sufficient to support the mortgage on their own or bringing in a third party to take your place on the mortgage.

With regards to any money you pay towards the mortgage, I would suggest that you pay it by standing order direct from your bank to the mortgage lender.  In this way you will know for sure that it is being used to pay part of the mortgage and is not being diverted elsewhere.

I have forwarded your enquiry to our in house solicitors, Rollingsons, who will contact you directly with regards to the legal aspects of your enquiry.


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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