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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1382
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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If my ex husband is paying csa but is still joint on my mortgage

Customer Question

if my ex husband is paying csa but is still joint on my mortgage which has now gone in to arrears is he liable for half of the monthly mortgage payments.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Welcome to Just Answer
I am a Solicitor and will assist you.
If the mortgage has gone into arrears and you are both still named on the mortgage - then it is likely that the Mortgage Company will have a Joint and Several clause in their contract with you both.
The mortgage company could therefore decide to pursue either party directly for ALL sums not just half.
It then becomes you and your ex's responsibility to sort out your respective proportions. Please also be aware that if you did deal with the finances when you dealt with divorce - there may be a indemnity clause if favour of your ex. If there was such a clause - this wouldn't prevent the mortgage company from seeking the whole amount of any shortfall from your ex if they wanted too - but it does mean that your ex could sue you for any monies that he had to pay.
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