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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35211
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my husband ( recently married ) still pays the mortgage

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my husband ( recently married ) still pays the mortgage for a house he moved out of two years ago for an ex girlfriend . He has a legal agreement whereby she paid the deposit on the property and he agreed to pay the mortgage . They lived together in the property for over 4 years . He no longer wants to pay the mortgage and they agreed to sell the house two years ago , however it has not sold and she still lives there rent free whilst he pays the mortgage , from mine/his perspective this is unreasonable as we are paying for her to live in the house and we don't know if she is even trying to sell it . What recourse do we have other than stopping to pay the mortgage and my husband getting a poor credit rating ? Thanks Julie XXXXXXX

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Are there any children involved?
Customer: replied 4 years ago.

There are no children involved .

The house is on the market for 465,00 , the deposit paid was 220,000 by his ex girlfriend , the current mortgage is 200,000. My husband pays 440 GBP per month mortgage


The Declaration of Trust which he signed - does it make provision for calling for a sale of the property?
Customer: replied 4 years ago.
The deed of trust made no provision
For separation or sale of the property
Additionally the mortgage is interest only and
Also his ex partner owes him 14.5 k for payment
Towards her ex husband to leave the property
Was the £14,500 covered in the Declaration?
Customer: replied 4 years ago.
No it wasn't ,essentially the deed of trust
Worked for the time it was set , however my husband
Husband didn't take into account any eventualities
That might occur and now he is left paying a mortgage
Interest only basis with virtually no equity and
An ex partner who probably says she is
Trying to sell the house but isn't making too much
Of an effort , meanwhile my husband pays for her
To live there .....
is the property actually on the market?
has your husband spoken to the Estate Agent?
Customer: replied 4 years ago.
Yes the property is on the market and
My husband hadn't yet spoken to the estate agent
Is the mortgage in joint names?
Customer: replied 4 years ago.
Yes the mortgage is in joint names
Customer: replied 4 years ago.

yes the mortgage is in join names

Customer: replied 4 years ago.

yes the mortgage is in joint names

The starting point is for him to contact the Estate Agent and discuss the sale with him
He needs to discover whether or not the house is overpriced and why it has not sold.
Once he has that information he can write to his ex and say that unless she actively markets the property at a realistic price then he will apply to the court for an order that she vacates the property in order that he can deal with the sale
He can also say that since he is no longer living in the property she should pay the mortgage in lieu of "occupation rent"
He should tell her that if she does not take over the mortgage he will appeal to the court for an Order both for the sale of the property and for the court to order her to pay him Occupation rent and an order for costs against her
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.

thanks for your help , we will try the estate agent first as you suggest .

We will then write a letter to her to state we are applying for a court order as per the above , do we need a solicitor to apply for a court order , how does the process work ?



Do not apply to the court too quickly
Get the information, write the letter and give a date when he will stop the mortgage payments (it is her credit rating and much as his)
Hopefully not paying one month will force her hand
The court application should be a last resort
You can do it yourself - but it is not the easiest of applications
Clare and 2 other Family Law Specialists are ready to help you