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What happens if he stops paying the mortgage?

Posted on 13 December 2012 by Mark Terry


My partner shares ownership of a property with her ex-partner. He pays all mortgage payments. She is living in the house. If her ex decides to default on payments, is there any way my partner avoid the resultant impact on her credit rating?

Mark,

All joint borrowers are "jointly and severally responsible" for the mortgage, which is to say that both borrowers are equally liable for the whole of the payment. So in the event that your partners ex was to cease paying the mortgage, the lender would expect her to still make the payment.

Does your partner have any kind of formal agreement with her ex that could be enforced if he was to stop making the payments? Also is your partner in a position to be able to take on the payments from her own income ?

If she thinks it likely that her ex is going to stop making the payments, then she should contact the lender as soon as possible. Lenders are showing high levels of forbearance (leniency) on cases where they are being kept in touch with what is happening. There are a number of things that could be done to reduce the commitment levels of the mortgage, such as coverting to interest only, or extending the term.

If you would like to discuss the options open to your partner, then please let me know and I'll arrange for you to speak to one of our consultants.

Regards,

Simon

simon.collins@johncharcol.co.uk

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