Refusing to Pay a Mortgage

[peterd]

My sister has recently split with her hubby and he has in turn moved out the house. They have a joint mortgage and the house is currently For Sale. She is going ahead with divorce proveedings, however her hubby has not paid half of the mortgage for the past 3 mths as he says he can't afford to. He did agree in principal that he would pay his half, but has now gone back on his word. Can my sister make him pay? Should she see a solicitor or speak to her Mortgage Lender ?

[Stu Dent]

Yes, she should consult a solicitor and discuss the problem with the lender. The lender will want to be paid or they will seek to reposess if there are arrears. Perhaps your sister could pay any arrears and her solicitor could seek to recoup the money from her husband after the house is sold.

[innocenti]

In a short answer, no. There is nothing your sister can do to make him pay. Like Stu Dent said, she may be able to recoup the money from his share of the equity when the house is sold.