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What to Do When Your Ex Stops Paying the Mortgage

Divorces and separations are stressful and upsetting times. When children and property are involved, things seem to be exacerbated even more. There are times, despite promises of financial support, where one party stops putting money towards the mortgage or paying it completely. Often this is the individual who is no longer living at the property. However, when it comes to their financial obligations, it is not as cut and dry as simply stopping payments.

Seeking financial advice when you are faced with this scenario is imperative. If lack of help or non-payment of a mortgage has put you in a compromising financial situation, seek legal aid immediately.

Divorce and joint mortgages

Lots of couples take out a joint mortgage when they buy a property. For couples, a joint mortgage means you are both seen as single owners and have equal rights in the property. However, one important aspect of a joint mortgage is that everyone named on the mortgage is responsible for making repayments. Therefore, even if they are not living in the house, arrears on the account will have a detrimental effect on both parties. If one party does not pay their share of the mortgage, they may not be offered credit in the future.

You want to stay in the property

If you want to stay in your home but your ex is not keeping up their part of the mortgage get in touch with a solicitor for legal advice. Also call your mortgage provider as soon as possible. Most providers are happy to help you as much as possible as long as you keep lines of communication open and are contributing regularly to your mortgage, no matter how much it is.

If you want to stay in the property long term, you will need to carefully consider whether you can afford the mortgage on your own. If the answer is no, you will need to think about selling your home. If the answer is yes you should discuss buying your ex’s share in the property – this is often referred to as ‘buying them out’. However, this will only be achievable if you can get the funds together.

You are happy to leave the property

If you have exhausted all of your options, are facing repossession, or simply want to be free of any ties with your ex, you could opt to sell the property. Both parties will need to agree that this is the right thing to do. You will need to pay off your mortgage using the money from the sale of your house. It is worth remembering that this may incur a fee for exiting before the mortgage term is up. Leftover funds will be split between you and your ex and are often decided upon during divorce proceedings.

If you have children

In a divorce, the welfare of children is the priority and ensuring continuity in their lives is something the courts take very seriously. Any dependant under the age of 18 is considered a child. Generally speaking, if you have children and you are responsible for their day to day care, you will often be entitled to stay in the family home and the courts will ensure your ex pays towards the mortgage or that another financial settlement is put in place.

If you are facing repossession

If your mortgage has fallen into serious arrears and you have exhausted all avenues, you may find that your property is facing repossession. In this situation, it can be best to sell your property. If you would like some free advice from friendly team on repossession and how you can sell your home please call 0800 020 9600.

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