ex refusing to pay her half of the mortgage?

[Stoned Rose]

My ex moved out of our jointly mortgaged gaff 2 months ago. She moved into rented and via a solicitor's letter advised she would continue to pay her half of the mortgage until the house sold (it's on the market but not much interest even at a lowered price).

I've had a solicitor's letter this morning saying she will no longer pay her half as of next month.

I cant afford the full payment on my own.

Anyone been in this position before?

Anything I can do?

 

[Mad Eyed Screamer]

No idea on the legal front but do you have a mate who could move in and pay towards the mortgage with rent?

 

[peoffrey]

Would he have a case if the house is in both names? I'd do nothing but suggest good legal advice. The only idea I have is that you move out too and put it up to let.

 

[york away to this!]

can you ask the lender to defer mortgage payments until the house is sold, then take the cost out of the ex's share of the equity.

or kill your ex. or sell him...

 

[yerwot?]

speak to your mortgage provider asap, they deal with this situation on a daily basis. Your solicitor will also be able to put you "in the picture" as to what you need to do.
If you do nothing it could affect your chances of getting a mortgage in the future

 

[city2]

Just don't pay if she can't be arsed why should you, the arrears will just be deducted when you sell the house and although you will both loose money, it will be all the sweeter that she won't get as much as she thinks.

 

[peoffrey]

Just don't pay if she can't be arsed why should you, the arrears will just be deducted when you sell the house and although you will both loose money, it will be all the sweeter that she won't get as much as she thinks.

I'd imagine they'd repossess rather than let the missed payments add up.

 

[GFBlue]

I was in this situation. The previous advice to get a good lawyer is obviously sound (although finding one isn't easy as there are many thieving bar stewards amongst the profession).

What I did was to stop paying my share as well. Why? Well because when the house does sell, you try getting the ex and the courts to agree that you should benefit from paying 50% of the mortgage and therefore increasing the net proceeds of sale.

By not paying yourself you ensure that your ex will pay her share through the eventual divsion of the net proceeds (assuming that these will be split 50:50). The risk is of course what the mortgage company might do but as the house is up for sale anyway I doubt they would be inclined to push matters.

I hope this helps. I still hate my ex with a passion but she did lead me to the most wonderful and new Mrs GFBlue!

 

[Ja Salford Blue]

I was in the exact same situation with my ex mate, I simply called her bluff, stopped paying my half and told her I will let the house get repossessed if she wont cough up her 50% each month. After the first letter from the mortgage lender informing her that the payment was late (i.e I hadn't payed that months full amount) she shit herself and agreed to pay her half until I bought her out.

It may or may not work but you will not get a default for being late with one months payment.

If you do choose to do this make sure that you advise the mortgage company of her new address, that way they will forward the letter informing her that the payment has not been made to her new gaff!

 

[tonea2003]

i was in the same situation but with kids involved, they were with me at the house

my ex moved into a flat but unbeknown to me(until a month later) had also set up her own bank account to have her wages paid in so i was paying the existing mortgage and bills etc on my own, she said she would pay some in the existing joint account but never did

i immediately set my own account to prevent her dipping in, so effectively the joint account was just for bills

i really couldn't play hard ball as i had the kids with me at the time

obviously the house was to be sold as part of the divorce(as i couldn't pay for he house on my own) but she still wanted half the proceeds even though she wasn't paying into it for the final 9 months, so rather go through the rigmarole of arguing over percentages i had a holiday to new york paid for on a credit card to a similar amount to what she hadn't paid on the mortgage
so i got my share back when the debts were totted up and and deducted from the profits from the house sale.