Advice please regarding mortgage repayment and separation.

A

anon2

Guest
Hi all,

I’m a lurker to AAM but need some advise on my current situation.

Myself and my ex separated some time ago and he moved out of the family home, we have 2 young children. Due to us both becoming unemployed in 2011 he moved back in for (what was supposed to be )a while and he slept in a different bedroom while continuing to see the woman that had resulted in our relationship coming to an end in the first place. We took a moratorium out on the mortgage for 6 months. Later in the year and despite the fact that he secured a job that was paying him in excess of 90k per annum, he refused to move out of the family home, much to mine and his current partners disappointment. In addition he refused to pay towards the mortgage.

In August last year I was subjected to domestic violence by this ‘man’ and was forced to leave the family home, gardai etc involved. I’m renting at the moment with the children. He lost his job again in March and has been unable to secure employment, I have been working and I’m currently on a fixed term contract that has a good chance of becoming a perm role.

At a recent court hearing regarding maintenance for the children he advised that he had x amount of thousands set aside for the bank and was currently in negotiations with the bank.

He contacted me on Friday and advised that the bank had sent a letter demanding the full value of the mortgage is repaid in 28 days. I have said to him and the bank in the past that I would be happy for him to move out of the property and I would move in and pay towards the mortgage what I am currently paying in rent which is €700 per month (I could possibly pay more per month). I contacted the bank today and they advised, as I had suspected, that he was ignoring them and had not entered into negotiations with them despite the fact that he swore under oath in the court that he had.

I asked him to leave the house and I would renegotiate with the bank and start making repayments, he has refused to do this and advised that I should contribute to the mortgage while I’m living and paying rent elsewhere.

I spoke with my solicitor today and he has said that I am better walking away as the house is in negative equity to the tune of €150k approx. I’m not sure I am totally in agreement with my solicitor as the debt will follow me regardless, I’ve have zero credit rating and if we do find ourselves out of this recession I’ll be unable to secure a mortgage again and have nothing to leave my children. The current mortgage is just over €500k and the house is not in Dublin, it’s a 1hr 20 min commute each way to may place of work.

Any advice greatly appreciated
 
Would not start paying mortgage if you are not living in it and he is not paying. They will still come after you for his share. Go to court and try to get an agreement.
 
I don't have the money to pay rent and contribute to the mortgage he pays buttons by way of maintance, I'm the only one earning the providing for the children. It's just not possible.
 
Have you pursued him in court for a maintenance order for his children? It will likely be on the order of 100 euro per week.
 
Yes, he pays 30 euro per week and that was agreed with the court.
 
Do you really want a €500k mortgage around your neck and a 3 hour commute to work as a single parent to 2 smallies. I would do what I could to extradite myself from the mortgage and stay local to work. Who cares if you will never buy again, or not buy for a very long time? You won't be the only one in that boat.
 
anon2, sorry to hear of your troubles.

I have to say I agree with SarahMc, I can only imagine how awful all this is right now but with the above info, I don't think moving back in is going to sort anything really. You will have a massive payment each month along with long distance to work... bad memories etc....

Cut your losses, stay where you are now and move on with your life.

Do the bank know you are split up ? Have they your new address ..... reason I ask is if your name is on the mortgage they should be writing to you also. Is there any possibility that you are not named on the mortgage.. not the deeds of the house just the loan. This can happen might be a way out.

If your name is on the mortgage, keep the bank updated. They need to treat you separately if you tell them you are split up. Complete an sfs ( Incoming and Outgoings record) and show you cannot afford to pay. If they have send your ex a letter saying he is not co operating with them the next steps could be legal action. They should be sending you information also as if you are on the mortgage this will effect you also.
 
Anon2, I am in agreement with most of the other posters here. I think it best you walk right away from this mess. Yes, your record will follow you-up to a point- but not forever so I'm told. Cut your losses now and your life will hopefully be a lot easier. Wishing you the best of luck ;)
 
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