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Should I stop paying the mortgage?

Tagged as: Big Questions, Troubled relationships<< Previous question   Next question >>
Question - (21 October 2008) 10 Answers - (Newest, 24 November 2008)
A male United Kingdom age , anonymous writes:

My Ex-partner lives in the house we own jointly. I have moved out into another property and now pay 2 mortgages. She refuses to pay her half of mortgage and expects me to pick up her tab. I have asked that house be auctioned she refuses; the house is on the market, but not selling. In the present climate it’s not worth buying her share at today’s value as house prices are still going down. She has a bad credit rating already and in the past I have paid off her debts, but she now owes a lot more to credit card companies , My question is should I also stop paying the mortgage and incur the wrath of repossession and bad credit rating.

View related questions: debt, moved out

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A reader, anonymous, writes (24 November 2008):

poster

this don;t add up if she has/had bad credit raring how could she get half the morgage in the firstplace? All other posters are correct see a solicitor asap agree to pay your half keepall bank records of your paymentsso if there is a loss on selling it does not come from you half but by the looks of it you have paid the bills mostly so she may be entitled to nothing on the sell on the house. its not your fault she can't pay plus she had another adult living there don't be a mug or a nice guy it gets you no-where get to the lawyer fast!

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A female reader, A Cappella United States +, writes (23 October 2008):

A Cappella agony auntI don't know anything about whether you can recoup your loss if you pay her half. I do know that if you don't your credit will be damaged along with hers.

I'm glad you're going to talk to a lawyer about your options. Please don't delay.

Perhaps you can make come up with a legal agreement such that you will own a larger percentage if you're paying a larger percentage.

I also think that if she's not paying, she shouldn't get to live there. Get the lawyer to work on repossessing the house. It seems to me that the person who owns more of the house, or pays for the house, should be the one with the rights to live there. If you live there (and she doesn't) then you won't have the expense of the second place.

Good luck. Let us know what the lawyer says.

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A female reader, hlskitten United Kingdom +, writes (22 October 2008):

hlskitten agony auntIf there are no kids, then the house will need to be sold if you split, IF she cant buy you out. At the moment you've got more chance of winning the lottery than selling a house in the Uk! So you will probablty have to wait. Not the best time to split with someone or sell a house! Until then, you will both have to pay the mortgage. And depending who's on the mortgage, I think they will chase any one of you if the other doesn't pay their half.

Obviously idally you need to get rid of that house asap.

I would be suprised if you can claim anything back that you have paid?

C xxxx

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A reader, anonymous, writes (22 October 2008):

This is verified as being by the original poster of the question

Thank you for swift replies I guess there are a lot of people out there in the same boat. Will speak to solicitor regarding this, I am sure that her solicitor has maybe told her that I will have to pick up the payment for the whole mortgage. There are now no children at home and youngest step child is 24.

Does anyone know if I pay my partners share of the mortgage whether I will succeed in reclaiming this extra cost when eventually it is sold.

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A female reader, hlskitten United Kingdom +, writes (21 October 2008):

hlskitten agony auntSee a brief. You dont say if you have kids, that will make all the difference.

C xxxx

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A female reader, sarcy24 United Kingdom +, writes (21 October 2008):

sarcy24 agony auntHaving just gone through something very similar to this I would not suggest not paying the mortgage as this will be held against you in court. If you are married it will be a diffirent situation for you as she will need to have somewhere to live and the length of the marriage is important. If you are partners, a common law wife is not recognised in court and she will be ordered to vacate and sell by the courts. You must go to a solicitor as soon as possible and they will ask for a court hearing to discuss this and other financial ramifications. Only a solicitor can correctly advise you on this but do not stop paying the mortgage if you can possibly help it.

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A reader, anonymous, writes (21 October 2008):

I agree with "a Capella" you should get legal advice a.s.a.p.

Don't let her drag your credit ratings down. Talk to a lawyer and then find a solution.

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A female reader, Emilysanswers United Kingdom +, writes (21 October 2008):

Go to the bank and explain the situation. They will then go harassing her for her half of the debt.

Other than that I think you have to start organising an auction and tell her that unless she starts paying the mortgage then you will stop paying and you will both lose everything you have put into it.

Talk to the citizen's advice beareau about how to make her live up to her legal resposibilities.

Good Luck!! xx

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A female reader, A Cappella United States +, writes (21 October 2008):

A Cappella agony auntI would contact a lawyer and find what you can do to get her out of the house.

If your name is on the mortgage, do what you have to do to protect your credit rating.

Since it's your house, why not rent it out? Find the most annoying room mate you can and collect rent toward the mortgage. If she's not going to pay you need to do what you can to make sure it's paid.

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A reader, anonymous, writes (21 October 2008):

I don't think it's worth losing your credit rating, and going through the nightmare or foreclosure. You're doing the right thing even though you've got the bad end of the deal. Can you lower house price anymore with an open house? If you can't afford the 2 mortgages, she really doesn't have a choice but to auction the home vs. foreclosure..? Sounds like she's drowning in debt...I've heard of non-profit organizations to council people like her who need help with money problems...

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