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Claire D
Claire D, Solicitor
Category: UK Law
Satisfied Customers: 3090
Experience:  BSC (hons), Solicitor with 14 years legal experience
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I have a joint mortgage with my ex partner. When we split the

Customer Question

I have a joint mortgage with my ex partner. When we split the house was put on the market and i moved back to my parents as i could not stay in the house due to his behavour and he remained in the property. I am paying my half of the mortgage which means i cant afford to find another place until the house is sold. He owns a property out right in Northern Ireland. He is currently renting out this property after moving to North East England with me. I suggested that we rent out the property in the North East until the housing market improves and he move back to Ireland which would also free me to move on,but he point blank refused. My question is what rights do i have regarding this,can he just refuse to do this even though he is living in a house that i am paying half for. Also what are my rights to have my name removed from the mortgage.
Submitted: 8 years ago.
Category: UK Law
Expert:  Claire D replied 8 years ago.

Welcome to Justanswer and thank you for your question.

The bad news is that as you will be joint and severally liable for the mortgage, if you stop paying, this could have an adverse effect on your credit rating and you could be pursued by the lender for payment.

As for removing your name from the mortgage this would have to be with the consent of the lender and depending on your ex-partner's financial circumstances, it will be for them to decide whether to do this.

Sorry to be the bearer of bad news. But I hope that helps. If so, please see below. Otherwise, please ask for further clarification.



I see that the house is already on the market.
Customer: replied 8 years ago.
So what about the fact he has a home in ireland and could easily go back there and rent out our property here to cover the mortgage..which would allow me to also move on. Can he just refuse, surly its not just up to him as i am paying for the house aswell.
Expert:  Claire D replied 8 years ago.
All that I can say is when considering his financial situation, a lender would take into account his income from renting out the Ireland property.

Perhaps you should insist that whilst he lives there, he pays for the whole mortgage and if he leaves, then he won't have to - leaving you able to rent it out for both of your benefits. (although you will need lender's consent to rent out too)
Customer: replied 8 years ago.
After agents fees etc he gets about £300 from the ireland property which covers his half of the mortgage over here. So in effect the costs of living either here or ireland are no different as he doesnt have a mortgage to pay on the ireland property. So if he didnt extend the rental over there and moved back and rented out the house over here it would not make any financial difference to him but the world of difference to me as i am now stuck at my parents. Surly i have some rights. He seems to be having his cake and eating it.
Expert:  Claire D replied 8 years ago.

I am sorry, but you are right. I can only tell you the way the law stands.

To work with the law, I would suggest that you inform your ex, by letter that he is to pay the mortgage in full whilst he has the whole benefit of the property and if he does not, you will issue a claim for any mortgage you have paid and he has not paid you. Ask for back payments too. But then suggest that if you rent out the property, he wouldn't have to do this.

Does that helps?