Can't keep on paying Mortgage

[MountainGoat]

Hi everyone,

As many of you know, I was forced out my family home due to false allegations from my stbx.

I am currently paying Child Maintenance each month and ofcourse am more than willing to pay this. It is fair and I have no problems with this.

As we were married, we bought our family home 50/50 jointly and each month would share the mortgage costs.

I have now been out of my home for over a year and still paying my half of the mortgage.

On top of all this, I am now living elswhere and need money to afford to live.

A further expenditure is the fact that I have to find £925 each month to pay for a court trial where my ex has accused me of controlling and coercive behaviour, all based on lies.
If the police look at my phone they will have seen lots of photos and video footage from our CCTV as I was trying to figure out all of my stbx's allegations and prove my innocence, and at no point has there been any controlling or coercive behaviour.
I have to pay for the court trial.

So all in all, I have no money each month and have to borrow to get to the end of the month.

I really can't keep on paying the mortgage.

This month I transferred my half of the mortgage payment into the joint account but she transferred hers in too late. This meant that the mortgage payment bounced and there is now not enough in the account.
I have done my duty by paying my half. She now needs to top up the account and make the payment.

I am now worried that if she does nothing then this will affect my credit score. I can't contact her so have emailed her solicitor but they are not getting back to me.

I have contacted the back and they are going to send reminder letters but I'm really hoping she does something about this.

Please could you let me know what you think of what I intend to do....

I am going to suggest that I pay my half of the mortgage directly and not via the joint account which incurrs penalty fees.
I am going to suggest we go to an interest only mortgage for 6 months which will reduce our payments by half.
I am going to send a letter to her solicitor saying that I am getting into debts and having to borrow money and that I cannot keep on paying for the mortgage.
I will be stating that I will no longer be paying the mortgage after 3 months.


Thankyou for your help.

 

[Unknown01]

There was a recent ruling where it was established that paying a joint mortgage is grounds for a downwards variation to the CMS you pay.

You should 1) apply to the CMS for payments and then 2) apply for a variation based on what you are paying on the mortgage.

 

[Ash]

I would definitely try to get it remortgaged to interest only but I think it needs your ex's agreement. Good tip from Unknown01.

 

[Jumper85]

Yes, you need their agreement to move to an interest only mortgage

 

[MountainGoat]

Thankyou everyone.

I currently do pay CMS to stbx and did tell them that I was paying the mortgage but I do not know if this was taken in to account or not.

I was going to definately suggest we go to interest only mortgage and spin it in a way that it sound like it would help both me and stbx so as to not make it look like it is just for my sake.

I guess the main thing is I wonder what the repercusisons could be if I decide to stop paying the mortgage. I would ofcourse give a 3 month notice and not just stop. Some people have told me that by continuing paying I am showing that I can meet this payment and that actually I need to show that I cannot.

Thankyou. I hope you all have a good start to the weekend.

 

[Jumper85]

Occupational Rent: What is it and when should it be considered when separating? - Ellisons Solicitors

When you and your partner are separating, and there is jointly-owned property, you could be entitled to claim occupational rent. If a property is owned in

www.ellisonssolicitors.com

 

[MountainGoat]

Thankyou for this, however I have heard when children are involved it is very rare for the courts to go down the occupational rent route.