The mortgage is in both mine and my partners name. If he leaves me, where do I stand?

Question

No sarcastic one-liners please like "up s**t creek without a paddle", that's fairly obvious and not very helpful at this time, my partner has just left me and our baby son. We recently bought a house and the mortgage is in both our names. Where do I stand if he stops paying the mortgage? If that happens will the house be repossessed? I have no income. We are not married. Please advise. Very worried.

Answer 1

You will lose the house if you don't pay.

Answer 2

You are legally entitled to part of the value of the house but with no income you will likely have to sell, but even without marriage it is likely that he should pay maintenance for your child. Act quickly because you are at risk of loosing the house. Contact citezens advice, the morgage company and have a chat with the ex to see if he will aggree to pay you maintainance. If not you will need to contact child support agency. Also go to your benefits offcice or have a chat over the phone you should be entitled to something they may even help with getting maintainance

Answer 3

Legally, you need to talk with an attorney in your state to see what the laws are.  Normally, on a mortgage that you both signed for, you are both responsible.  It is in his best interest as well not to have the house foreclosed on, so as painful as it may be engage him to see if you can both get out of it.  If you can afford to keep it through other support - then work with the bank to get him off the note.  I'm assuming you are both on the deed as well.  The mortgage/note is just who is responsible for paying, the deed is who owns it - usually the same, but make sure.

Answer 4

Unfortunately if he does stop S creek is where you will end up. Had you been married you would have some recourse on the mortgage, but as it is you will be held responsible for it and it will affect your credit and finances for years to come.  

Answer 5

He is jointly liable for the mortgage and it will kill both your credit if you default. I would suggest that you get him to agree to the sale, take the loss and take it as a lesson - don't buy property with someone to whom you're not married when you don't have the finances to pay alone. That's not a judgment, it's a fact.

Answer 6

As far as I know, if he stops paying the mortgage and you keep paying, that would be fine. As long as the mortgage is paid, you are safe. However, you have no income so if he were to stop paying and you could not afford to pay it, the house would be reposessed.

How long have you been with your partner? Even though you are not married the law provides some protection for common law partnerships especially where children are involved so it may be that he can be held to be accountable to pay some even though he has left you. Contact a citizen's advice bureau who will be able to give more detailed help.

Answer 7

Well, until the matter is resolved, both of you have to continue making payments towards the mortgage.  Further down the line, you will have to decide whether you want to transfer title (and mortgage) over the property to yourself or your husband.  OR  agree to sell the house, pay off the mortgage with the proceeds, and split the remainder.

Good luck!

Answer 8

If the loan is in both names, you are both equally responsible for it.