Hi

Thanks for your question.


The liability under mortgages is joint and several which means that the lender can sue either or both of you if there is any debt or the repayments are not met, regardless of any understanding you had with your mother about what payments would be made by whom.

This means that it is crucial that the repayments are made otherwise the lender will take possession proceedings, your credit record would be affected and you would both find it difficult to raise credit in the future. So, yes you have the right to not pay the mortgage but so does your mother and if the repayments are not met then the lender will take enforcement action to repossess and sell at a discount.

If your mother cannot demonstrate sufficient finances on her own to get a mortgage in her sole name then your only option will be to issue an application for an Order at County Court. Courts are not keen on persons effectively being forced to remain on legal titles to properties that they wish to sell and so they are rarely denied.

A local property solicitor would be able to act on your behalf in preparing the application to Court but would initially start by sending a letter before action explaining the consequence if she does not attempt to remortgage in her sole name or consent to a sale.


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Kind regards,


Tom