Hes in Cuckoo land !!

Hi all,
I had to move out of the joint owned home in June 2021. He remained in the property whilst I had to rent. He has not paid anything towards our 2 teenagers who live with me- all he had to do was continue to pay the mortgage and his bills. We did not have this drafted in any order at the time.
It is now evident that he has missed 7 months mortgage and we are now being taken to court. I do understand that I should have continued to pay my half but to be honest the rent and bills in the new house and also 2 growing teenagers has left me with very limited funds each month.
We have the first financial hearing in march 2023. How can I explain this to the Judge (and now also the Mortgage legal team) that whilst I am liable I received no financial support from Ex as he said he would continue to maintain / pay the joint home.
He is adamant that he does not want to go to court, mediate, sell the house. He is living in cuckoo land

You’re not liable for half the mortgage each, you’re both liable for all of it.

Is there a reason why he hasn’t paid?

Have you spoke to your lender.

Your husband sounds as deluded as mine!
I have stayed in joint mortgaged home and have paid the full mortgage for 6.5 years so over £75k
i only work part time as my youngest daughter has special needs and I need to work around her, and also the days I have off in the week are my only respite.
ive done divorce application and he is just doing nothing to expedite the divorce, he’s wanting a share but won’t say how much.
Mediator said to use a formula where you deduct outstanding mortgage from valuation then divide it in two.
Problem is, outstanding mortgage has only reduced by 52k and I’ve paid 75k, obviously 23k interest.
we are both responsible for the whole mortgage, same as you and your husband are.
as you are not in the home and are paying rent elsewhere, its obvious he should have been covering the mortgage
i hope you get a resolution, could you not have stayed in the house?

If he isn't paying the mortgage or child maintenance and has the means to do so then it is worth talking to CMS and making a claim.
Child maintenance is a statutory responsibility - the law says he has to pay.

If he was not living in the FMH he would have rent to pay on top of CM.

You should hopefully be able to get the mortgage company to put a hold on repossession while the financials are sorted.

Would you want to return live at the FMH or are you happy for it to be sold?? If you are happy for a sale, you could ask the judge at the first hearing to order an immediate sale. The proceeds of sale may have to be held pending settlement.

Hadenoughnow