Refusing to pay the mortgage

[natalie79]

I split up with my boyfriend earlier this year. We have a mortgage in joint names. I have been paying all of the mortgage as he refuses to, as i am the one who is still living in the house. I have tried to speak with the lender, who informs me that as the debt is "jointly & severally" liable, with the two of us, then then will chase both of us for the money. I have a solicitor acting for me, but i dont seem to be getting anywhere, and the legal costs are mounting up for me. What can i do, where can i go, who can hep??

[stanleyman]

You need to go to the Citizens Advice Bureau for free legal advice but give a donation. As I see it he still owns half of the house even though you are left to pay the mortgage. Can you get him to agree to sell his share and then get a new mortgage if you can afford it for the full amount? Point out that he will gain something but if you default on the mortgage he will also be liable for any shortfall. You could get a lodger to help pay the mortgage.

On the otherhand you could look at this way, you are paying your share but as you have sole occupation you should also be paying him rent for his half, which you are by paying all the mortgage. If you had to start again on your own it would probably cost you more. You still have the option to rent out rooms and make a profit so there maybe a case for leaving things as they are at least until he comes around. You won't be any worse off than when living with him. Good Luck.

[Buenchico]

I don't think that you're going to like this but here goes anyway:

Because the debt is 'joint & several' the bank or building society are completely free to choose whether they expect you and your ex to pay half each, whether they expect him to pay everything or whether they expect you to pay everything. Given that you're the one living in the property (and therefore have most to lose if the property is repossessed) it's only logical that you're the person they'll expect to make the repayments. (I'll bet that, if you'd have moved out and left your ex in the property, you wouldn't have been too keen to continue paying towards the mortgage).

The only real course of action open to you is to get rid of the debt - and the only way you can do this is to sell the house. If your solicitor hasn't made that clear then he's either a legal genius (who's managed to find a way around the normal requirements of the law) or he's an incompetent ditherer who isn't prepared to tell his clients the hard truth. (Guess which I think is the most likely!).

Sell up. Move out. Move on.

Chris

[Drusilla]

My advice would be to sell the property and instruct your solicitor to ensure the extra payments you have made are taken into account when the assets are divided up between your ex and yourself.
Unfortunately, that may depend as much on the attitude of your ex as it does on the lawful division of property, but I'd still ask the solicitor to push for it.
The property could soon become a millstone around your neck if you're not careful and you won't have enough money for a deposit on a place of your own.
I hope everything goes well and you are able to start a lovely new life soon. Take care!

[funnywebsite]

If you want to keep the house then rent out his room. He will still get the profit when the house is sold but the mortgage will be paid and you won't have to sell. It depends can you live with a stranger or have you got a friend that can move in and pay rent. But friends can become enemies after living together. Just make the rules beforehand and get someone who is not a dominate character. Interview a few to get a feel of their character. Ask them what are they like i.e are they usally tidy? Just make sure they know who is boss. Don't give her/him a long term contract. Get a deposit and let them know they can be chucked if they do not fit in. I think this is the only way it can be done except sell the house. Or can you afford to buy him out? Ask him what is his price. You can then change the mortgage to just your name.