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Joint Mortgage - responsibility for payment

Last post Wed, Mar 26 2008, 9:57 PM by completefinance. 3 replies.
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  •  Wed, Mar 26 2008, 9:57 PM

    Re: Joint Mortgage - responsibility for payment

    Hi....if legal aid is available you have to get in there quickly otherwise you have to have legal representation. I have seen these circumstances many times and they rarely sort themselves out. If there is little equity and you are paying all the bills you have an excellent chance of gaining property rights and any judge will find in your favour. I guarantee once you have representation and your partners solicitor gets a formal request for funds or guarantees you will see that he is not as clever as his first letter suggests. Make an appointment for an initial consultation with a female solicitor...they are excellent in matrimonial situations and fire bigger guns than the boy solicitors :) You must do it asap, believe me you need to.
    • Post Points: 5
  •  Wed, Mar 26 2008, 9:43 PM

    Re: Joint Mortgage - responsibility for payment

    Thanks, we only bought the house 15 months ago so I doubt there is much equity in the property. He is not prepared to sign it over to me at the moment, his main concern is affording his flat. We purchased under a shared equity scheme and we have a mortgage for 54%. I do not yet have legal representation as I am not sure at this stage I need it and do not want to incur unnecessary costs.

    • Post Points: 20
  •  Wed, Mar 26 2008, 9:26 PM

    Re: Joint Mortgage - responsibility for payment

    Hi...if you are both on the mortgage then you are both jointly liable. His solicitor is a p***k and should be struck off for putting the responsibility on you alone, I do hope you have legal representation? If you are both on the mortgage then he will have to sign the necessary forms to change the repayment type and will have to agree to a transfer of equity if you are to take on the mortgage yourself. You must keep all accounts relating to your costs for the upkeep as this will be used to reduce any equity share he is responsible for. In these cases where the bloke clears off and cancels the DD's it is usually the case that there is not much equity left in the property, is this the case??
    • Post Points: 20
  •  Wed, Mar 26 2008, 9:18 PM

    Joint Mortgage - responsibility for payment

    My husband has recently left the family home and moved into a flat, however due to his own living costs, has cancelled all the direct debits that leave his account relating to the property including the mortgage. I received a letter from his solicitor stating that I would have to ensure that all outgoings on the property were being met. I have taken steps to do this and signed an authority for my financial advisor to deal with the mortgage on my behalf. (In the short term he is looking at changing it to interest only and changing the payment date and method to standing order). I have an 8 year old daughter.

    Is my husband legally bound to pay half the mortgage until matters can be dealt with or is it a case of joint and several liability meaning that we are both liable for the full amount? I think it is the latter but would welcome anyones advice.

    • Post Points: 20