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Separation, Title and the Mortgage

Posted on 15 March 2011 by Matt


Hi, i have recently split with my girlfriend for whom i have shared a house with for 2 years. we have always split everything 50/50, i am still currently living in the property and she has been moved out for the past month whilst still paying half. she has now written me a letter stating that she is no longer willing to pay the mortgage or any of the bills. Is this legally possible? Also if she does finish paying and i continue on my own would she still be able to claim 50% of the house when it is ever sold, OR just up to her cancellation point? Thank You

Matt,

Until your girlfriend is removed from the mortgage is will continue to be bound by the covenants requiring her to ensure payments are made as and when due. This is a joint and individual covenant which she can not just walk away from.

Having said that, if she just refuses to pay and doesn't care if her credit rating is ruined, it will be up to you to meet the payments to avoid mortgage arrears and then possible repossession and your rating being ruined too. There is a lot to lose.

I recommend that you speak to your mortgage lender to let them know what has happened and explore if they will let you take the mortgage over in your sole name. Then you need to get legal advice about your rights and the rights of your partner, I regret we are not qualified to give this.

Peter

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.

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YOUR PROPERTY MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY DEBT SECURED ON IT.

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