My Ex won't pay his half of the mortgage. What can I do?
Posted on 12 February 2013 by Gabriele
My problem is that my ex refuses to pay half of the joint mortgage. When he suddenly stopped paying I managed to get (with the Halifax ) just paying interest only. The Halifax now stopped it and only offered me 3 months reduced payment. I will pay part interest and part repayment which will add about £400 per month on the mortgage. My house has been on the market for a year and I reduced it last week by another £10000. If I can't sell the house during the next 3 month I don't know what will become of me. Is there any way to make him pay? Gabi
This an enquiry where I think you need to get some good legal advice urgently.
Joint mortgages are held as "jointly and severally responsible", that is to say that both borrowers are equally liable for the full mortgage payment, irrespective of any personal arrangemts between borrowers. This basically means that any arrears will have exactly the same detrimental effect on your ex's credit file as it will on yours. So by not paying his half of the payment he's making it more unlikely that he'll be offered any credit in the future.
Whether you can force him to pay is the area that you need legal advice on, and as already mentioned I would recommend you speak to a solicitor urgently. Lenders are showing high levels of forbearance at the moment, and as long as they can see that you are making every effort to seel your property and are still maintaining some form of monthly payment, I think it would be difficult for them to seek possession.
Do you have any family member who might be able to help you out or have you considered renting out a room in the property ? Another option which I don't know if it would be practical, would be to move out and convert the property to a Buy To Let ?
If you'd like to talk through your options, then please let me know and I'll arrange a convenient time for you to speak to one of our consultants.
More than mortgages, talk to me about: Financial Protection | Investments | Personal and Corporate Pensions | Home Insurance General Insurance | Valuations | Conveyancing | Wills | Home finders
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.
YOUR PROPERTY MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY DEBT SECURED ON IT.
John Charcol is a trading name of John Charcol Limited and its Appointed Representatives. John Charcol Limited is authorised and regulated by the Financial Conduct Authority. The Financial Services Register number is 665649. Registered in England No. 9157892. Registered office address for John Charcol Limited is 5th Floor, Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU. The FCA does not regulate some investment mortgage contracts. Calls may be recorded for training and monitoring.