Seperating frm husband and leaving hse. Can I stop paying my half of mortgage now?

Abbica

Registered User
Messages
465
Hi, I left our family home (no children) as I didn't feel safe living with him, he still resides there, I am stilll paying half the mortgage, we are both with solicitors for seperation. When can I come off the mortgage, I really can't afford to put another month in for June, solicitor just keeps saying, lets wait until we meet to discuss and go from there??? I just can't seem to think it is fair that he is living there now months, I am not, and I am paying half of it, he gets the family home anyway as it is on his fathers land!!! So I just want to be finished with it all and get on with my life.
 
If the property is in joint names I don't understand why he will get the family home even if it was built on his fathers land?

If you stopped paying your half of the mortgage for a few months would this bring matters to a head?
 
You cannot just "come off" the mortgage - you are jointly and severally liable for the debt - that is 100% each, not just 50% - in order to do so, both your partner & the mortgage company would have to agree & it would be based on your partner’s ability to repay the full mortgage on his own i.e. a fresh mortgage application . You should both immediately inform your mortgage company immediately - no good just one party doing it - if you can afford to pay them interest only - for say 6/12 months - they should agree to that, so long as you both have a good repayment history. You are entitled to at least 50% of the property, as it is your Family Home, regardless of where it was built -your other half may or may not be entitled to claim for the value of the site, depending if it was a gift (which I’m assuming it was) from his father. If your solicitor is worth his salt, he/she should be able to tell you / confirm what I have said to you here. Best of luck in any case - I’m tied into paying 100% on a joint mortgage that I cannot afford & it is causing me severe grief.
 
Thank you very much for the advice, I will discuss it in detail with my solicitor as you say next time, just feel better approaching him having some background on this. I am dreading my severe grief which I feel is pending in the coming months!!!
 
Exactly as droileen said it. Doesn't mean he is entitled to the house as it is on his fathers land. You possibly contributed just as much, in other ways. You may not be entitled to half, but you would be entitled to something. You should advise your solicitor that you are not able to pay the mortgage as you now have other bills, he in turn will advise his solicitors. Speak in greater detail to your Solicitor about your rights.
 
Back
Top