Do I still have to pay half the mortgage????

Cosantoir

Hi , a little advice needed, our marrage broke up about a year ago and I've been paying half the mortgage ( not living in the house) do I have to keep paying it?? the ex works and we have no kids

ted1

If its in your name yes.

Colonel_McCoy

Yes!

theg81der

Why don`t you move back in if you can`t afford it? why don`t you have a separation agreement? why don`t you suggest to your ex you sell the house as you can`t afford the payments maybe she will then buy you out?

Thats what happened with my parents as they were both working even thou my mum was the one staying in the family home witht the kids.

This situation is clearly not fair, how are you suppose to move on, there needs to be some communication and compromise clearly.

Peanut2011

If the mortgage is in your name too than yes you must keep paying.

Also, if you are no longer living there and do not want any part of it you need to get that sorted out quickly. The problem is if he decides he does not want to pay his part or if he falls behind.

The fact that your name is still on the mortgage you would be liable for the payment. Furthermore, if you wanted the loan or the mortgage in your own name at any point again, this will still be over your head as liability and you will be unable to do so.

Best thing is to try and get this sorted as quick as possible and as easy as possible.

Beruthiel

Ask him to buy out your half or put the house up for sale.
Until either of the above happens, you are legally obliged to pay your half.

ash23

Yes you do.
However you also have the right to live there.
I was in a similar situation (not married) and was advised that I had to pay but that I was also entitled to live there (which neither the ex nor I wanted).
We came to an agreement (as neither of us could afford to sell or buy each other out) that he remained in the house, renting out rooms if necessary and paid the mortgage while I moved into private rented accomodation.
Unfortunately it's been a few years and there's no end in sight but hopefully in time it will be resolved.

LegacyUser

If your name is on the mortgage then yes you do. You can have a sit down with your ex and come to an agreement between yourselves over the property but legally that will mean nothing as long as your name is on the mortgage. Say for example your ex agrees to cover the mortgage as your no longer living there but finds they can't make the payments the bank is not going to care if you are living there or not or what deal you came to you with your ex regarding payments. If your both down on the mortgage then they will come after both of you for payment. Equally it means if your ex did manage to cover the mortgage and you paid nothing more towards you still have a claim on the property so for both your sakes you need to seek professional advice - speak to the bank and see what your options are. If your in negativity equity there might not be that many

iguana

theg81der wrote: »

why don`t you suggest to your ex you sell the house as you can`t afford the payments maybe she will then buy you out?

Without knowing more of the OP's details this is increasingly not at all possible for a lot of people. If the house is in negative equity then the person who is staying in the house, and as a result taking responsibility for the mortgage, has to be paid to take on the whole debt. Half of the negative equity is the usual amount and it is usually used to pay down the mortgage.

In a negative equity scenario the OP will have to pay the ex in order to get free of the house and mortgage. And this is only possible if the mortgage provider is happy to allow the other person take full responsibility for the remaining mortgage, which they usually aren't as the ex needs to be earning annually at least a quarter of the remaining sum and possibly also be able to clear their share of the negative equity.

Cosantoir

Thanks to everyone for there advise it helps alot

lynsalot

If your house is like most in the country and I suspect it this, then its in negative equity and unless you have a lump sum to pay off the mortgage for the value of the negative equity, you can't sell it.

Or you can, and arrange two personal loans with the lender.


You need a separation agreement if not for any other reason then to prove you've been apart for 4 years when you go for divorce.