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I split with my ex last year, we have a joint property, he

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I split with my ex last year, we have a joint property, he paid half the mortgage up until last month. I paid the full amount last month and we are now trying to get an interest only mortgage until the sale of the property goes through as we do have a buyer. We have a joint mortgage account with an overdraft of £1500.00, I am prepared to pay half (£750.00) to close the account also I want half the mortgage payment for last month once the sale goes through. I'm not asking for anything extra but just what is owed to me. Do I have any legal rights in these payments being made? He's not bothered about being blacklisted whereas I am, where does this leave me if he does not agree to any more payments towards the mortgage and payment to close the joint account?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

Was it always agreed that each person would pay half?

Tom
Customer: replied 3 years ago.
Yes it was agreed that we would pay half each but only verbally.
Expert:  Thomas replied 3 years ago.

Hi,

Thanks for your reply.


The liability in mortgages and mortgage accounts is joint and several which means they can pursue either or both of you for any debt, so regardless of whether he stumps up you will have to see that the account is settled and the repayments contiue to be met I'm afriad. The lender will not be intested if you say that you have paid your half and they should go after him unfortunately.

 

If there was an oral agreement between you both to be equally responsible for the mortgage account and repayments and he does not pay half then you can sue him for the monies you paid for him. Obviously it would be preferable to have something in writing (eg. some form of documentary acknowledgement of equaly responsibility - text, email etc), but the courts understand that not everyone documents everything in writing.

 

You might choose to surreptitiously contact him referring to the arrangement to equally share in the hope that his reply might elicit some form of acknowledgment, tacit or otherwise.

 

If he disputes and denies this then you will have to litigate and it will depend to an extent on whose testimony the greater weight of credibility is attached, but if there is evidenc that you had each paid half in the past (eg. bank statements showing equal transfers) then this will count in your favour.

Remember though, that it is only worth suing if he has assets or income against which you can enforce judgement. You can issue yourself via the governments online service http://www.moneyclaim.gov.uk/

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

Thomas, Lawyer
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Experience: BA (Hons), PgDip, Practising Solicitor
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