Options after a falling out with other joint owners

Posted on 13 March 2010 by Morgan

I have a joint mortgage with my brother, he is married and we all live in the same house, I have had a major row with my brother and his wife and I want to move out, can I do this and still get him to pay me my share of the mortgage every month ? also while I am away I am worried that he and his wife might sell the house, can he do this or does he need my permission first ?

please help.

The mortgage you have with your brother and his wife is a joint and several liability which means that each one of you is responsible for not only your share of the mortgage, but the share of the others as well.  So if you do not pay your share of the mortgage payments your brother and his wife would be asked to make up the shortfall and vice versa.  It is in all your interests to make sure that the mortgage payments continue to be met in full and that the lender is not put in a position where they have to consider repossessing the property.

Whether or not your brother and his wife can sell the property without your permission will depend on whose names are on the title deeds.  If your name appears they should not be able to sell, but I recommend you take independent legal advice on this.


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