# Ex-husband defaulting on joint mortgage - legal position?



## DeeDee30 (2 Jul 2009)

Hi All,
Just need some advice on the following situation.
Have a joint mortgage with my ex husband who has left the country with no intention of ever returning.
Before he left I spoke to the bank about taking over the mortgage but was refused, ex refused to sell as well.
So now I'm left paying the full mortgage, which I working two jobs to do.
Can I legally just pay half the mortgage?

Thanks


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## DrMoriarty (2 Jul 2009)

*Re: Family Home*

Hi DeeDee30, sorry to hear about your difficult situation. I've edited your title to make it more meaningful in the hope that you'll get better responses.


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## Caveat (2 Jul 2009)

Hi

Awful situation DeeDee. I have no legal expertise whatsoever but I would imagine that it might be useful to know the answers to the following:




DeeDee30 said:


> ... ex husband who has left the country with no intention of ever returning.


 
Do you have an address for him?



> Before he left I spoke to the bank about taking over the mortgage but was refused, ex refused to sell as well.


 
What was the bank's attitude here - did they offer any advice or options?



> Can I legally just pay half the mortgage?


 
It might well be a lot more complicated, but if his name is on the mortgage and he isn't paying...then I guess it can be pursued legally?

This may prove difficult and/or expensive though, particularly if the guy is incommunicado.

Are there kids involved?

Good luck whatever you decide to do.


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## BJRsols (2 Jul 2009)

Hi DeeDee30,

Sorry to hear about your predicament. Basically when you sign any mortgage with a bank, you are agreeing to be liable both jointly and severally, which unfortunately means that you, individually, are liable for the whole amount if the other doesn't pay. Likewise your hunsband is also liable for the whole amount if you do not pay.

This protects the bank in case of this exact scenario.

There is some small good news, in that when the property is sold normally the proceeds are split 50-50. However, this is only a starting point and the courts will amend this split according to who has paid more to the property - both directly (mortgage payments, bills etc) and indirectly (looking after kids etc). So, when the house is sold, the fact that you have been paying the mortgage soley, will be taken into account and you will get more of a percentage of the equity.

There is another option of going to court to force a sale to you, but this may be costly.

Also, you can never do anything to the property (re-mortgage or sale) without his consent, or an application to court to dispense with the need for this consent.

Sorry it couldn't be better news. Main thing is keep paying the mortgage or enter into an arrangement if it is getting too tough. Keep talking to the bank.


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## DeeDee30 (2 Jul 2009)

Thanks for the replies.

Thankfully no children involved so I just have myself to worry about.
I'm worried about paying the mortgage for the next 30 years and then he's entitled to half the property!!
He's moved back to south america and I only know that because of his facebook profile.
It's a unbelievable situation and I honestly don't know what to do.


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## mf1 (2 Jul 2009)

1. Do you want to keep the house?
2. Can you afford to pay the mortgage yourself? 

If yes, to both, I suggest you seek a Judicial Separation where the court can make certain orders e.g. transfer the house into your sole name ( but only with the consent of the lender) or order the sale of the house - dispensing with  spouses consent/interest in the property. The Court may make an order that notice of the proceedings be given to spouse by way  newspaper advertisement.  Your spouse must be made aware of the proceedings as they have a very significant impact on him. If he never intends to return here, why would he not agree to selling? 

Your major issue though is whether or not the lender will agree to a transfer into your name - if they won't, then Judicial Separation proceedings may be counterproductive. 

If you fail to pay the mortgage, you will be looking at a serious impact on your credit rating and its important to try and keep that intact. Can you get someone in to rent a room?

mf


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## BJRsols (2 Jul 2009)

....


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## BJRsols (2 Jul 2009)

The half is just a starting point and all factors will be taken into account. If you do pay for 30 years and for all intents and purposes you are the only one contributing, i do not see how he could get very much of the property.

At the end of the day, he would more than likely try to use his name on the deeds as a bargining tool to get money out of you

re the lender not consenting - you might be able to get them to consent to transferring the title but not the mortgage account. just an idea


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## DeeDee30 (2 Jul 2009)

Thanks for all the replies.

Being realistic I can't afford the mortgage by myself, I'm working 60 hr weeks at the moment to make ends meet and I'm not sure how long I can keep it up.
Bought the property in 2006 so there's no money to me made and that's the reason he wouldn't agree to sell.
Its a depressing situation but I'll just have to talk to bank again.


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## ramble (2 Jul 2009)

Could you rent a room? it would help with the mortgage repayments and is tax free


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