Sharing with Ex. Ways to leave

Wellington

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I'm looking for help/advice. I'm new to here so please bear with me.

I'm sharing a house with my ex, we're separated.
We're in negative equity. I'm working, he's not but is in receipt of sick benefit from social welfare.

The living situation has become untenable with him bringing people back to the house.

He won't agree to rent the house out. He won't leave.
I can't afford to rent somewhere else and top up my half of the mortgage but can afford to rent somewhere if I don't have to pay the mortgage.

I'm willing to walk away from the house but am aware of my legal obligation for half of the debt of the mortgage.

Is there any way that I can force his hand?
 
...
I'm sharing a house with my ex, we're separated.
We're in negative equity. I'm working, he's not but is in receipt of sick benefit from social welfare.

The living situation has become untenable with him bringing people back to the house.

He won't agree to rent the house out. He won't leave. ...
When you say separated do you mean legally; that you have a judicial separation?

If you do then why was this not addressed as part of the agreement or are you just living apart under one roof?

... I'm willing to walk away from the house but am aware of my legal obligation for half of the debt of the mortgage. ...
Just to clarify for you; the normal circumstance is the bank pursue both for the debt or whichever one of you they believe they are likely to get money from. It's not going to be 50:50 necessarily.

... Is there any way that I can force his hand?
That all depends on your precise circumstances. Maybe you could clarify please?
 
When you say separated do you mean legally; that you have a judicial separation?
We have drawn up and have had an agreement witnessed.

If you do then why was this not addressed as part of the agreement or are you just living apart under one roof?
We both wanted to split and agreed that the ownership of the house would be addressed separately. We were both aware that we were in negative equity and out options were limited

Just to clarify for you; the normal circumstance is the bank pursue both for the debt or whichever one of you they believe they are likely to get money from. It's not going to be 50:50 necessarily.
So, given that I'm earning more I could be liable for the larger portion?

That all depends on your precise circumstances. Maybe you could clarify please?
He's claiming stress leave, which he's admitted is a scam. As a result he resigned his job but had maintained social welfare payments.
 
You're liable for the full mortgage. If you leave and no one is making any payments than the bank will come after whichever of you has money, in this situation it is you. But they cannot get blood from a stone. If after renting, paying utilities and food you have no money left then there is not much they can do. They will try either to get an instalment order from you and repossess the house and sell it. It would be easier and less costly if you agreed to the sale. But your ex might be beligerant and not play ball, he has all the signs of it. That ultimately can be the banks problem.
 
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