I am on a mortgage with my ex, I haven't paid anything for nearly 5 years, she pays it. She says she can't afford to take the mortgage over herself and the property is on the market but no real interest. I am getting married this year and my partner has a house, what if my ex defaults on the mortgage can they touch my new wifes house?
If you are still on the mortgage with ex wife they will certainly chase you for any outstanding debt as you will be jointly and severally liable. ie if she can't pay they can ask you for the full amount. As long as you are not on the deeds to your new wifes house it is not your asset and they cannot set if off against your debt. You need to get this sorted with ex wife though because if property is repossessed it will affect your credit record.
molliam, you need to sort this out. the debt with your ex-wife is a risk to you - if your ex loses her job and can't pay (for example), then the mortgage company will come to you for payment. This should have been sorited out when you split!
Equally, if there is any equity in the house, you are entitled to half, regardless of how much money you've paid in re deposit and mortgage payments.
This assumes you bought the property as most couple do, as Joint Tenants.
If she dies - the house is yours. She cannot will it to anybody else.
Get it sorted.