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Stbx still in fmh and refusing to pay mortgage

  • Nicola81
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03 Oct 12 #359068 by Nicola81
Topic started by Nicola81
Just want some general advice....my stbx is living in FMH with our daughter. I live in another house with our son.
He has been paying mortgage as he has been living in the FMH since we split.
The mortgage is in both our names.
I just had a text from him saying he refuses to pay the mortgage any more and has forwarded the mortgage company my address and number.
Is he able to do this?
Is he allowed to live in FMH without paying mortgage and expect me to pay both my rent and the mortgage?
He is always trying to make things difficult ... The finance part of our divorce is constantly being dragged out because of his attitude. :angry:

  • LittleMrMike
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03 Oct 12 #359073 by LittleMrMike
Reply from LittleMrMike
Nicola

Well of course, anyone can stop paying, but it is not advisable. He is committed by contract to make the payments. And he has the benefit of occupation.

I can''t see there is any way a Court would expect you to pay for his house. But the problem remains. If you are in joint names you would have agreed in the mortgage deeds to repay the loan, and this is enforceable under general principles of contract. But as long as there is a reasonable equity in the property you should be relatively safe.

LMM

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