Mortgage payments

Posted on 29 July 2011 by M


My son's ex wife left him 18mths ago and he lives in the house, which is up for sale.  His ex has never paid towards the mortgage and he is finding it difficult to make the payments, can he expect his ex to pay half of the mortgage until the house is sold?

M

If the house was purchased in joint names and the mortgage will be in joint names and your son's ex has the same a legal obligations to ensure the mortgage is paid as your son, regardless of who is living in the property.

Your son should speak to his mortgage lender and explain the situation he is in.  It is possible that he may be able to reach an agreement to make lower payments until the house is sold, especially if he can show it is being actively marketed.  If he does not speak to them they have no way of knowing that he is willing to pay and will treat any arrears without sympathy.

He should also seek independent legal advice regarding both his and his ex's rights to the property and any surplus achieved on the sale.

Peter

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