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Can i be forced to pay my joint mortgage

 
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Asked by

Leigh


Can i be forced to pay my joint mortgage?
60     In Mortgage Cont.03

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    Q. Can i move out if i am separated but i have joint mortgage?


    "Child support and alimony can be used as income to qualify for the mortgage..."



    Ontario Canada - speak with your lawyer and find out how you can apply for alimony and child support from your husband. Child support and alimony can be used as income to qualify for the mortgage. Your lawyer can give you a better opinion on this matter.

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    Q. How can i force sale of house during divorce? mortgage in joint names but i can't afford to pay any more.?

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    I split with wife 2 yrs ago. i am working but she gave up work and became a student. the mortgage is in both names but i agreed to pay until house was sold. we agreed financial mediation a year ago but she has refused to sign and has refused to remortgage or countersign any changes in mortgage to reduce the amount i pay. now i have been hit with csa payments too and along with my rent and bills i am being drawn into deeper debt. i am to start divorce proceedings on the 2yr split basis soon but am unsure if i am ever going to rid myself of the mortgage payments. will it be down to a judge to force the issue or can anything else be done? i am considerring not paying the mortgage but this will ruin my credit rating for the future. wife will not discuss anything and sitting pretty. anyone got any ideas?

    "Liable for the full amount of the mortgage in the same way that you..."



    From the sound of things your credit rating will be going down the pan soon anyway. I would play a tough game to get her to negotiate. Remember that she is liable for the full amount of the mortgage in the same way that you are liable for the full amount. I would stop next months mortgage payment and tell her you cannot afford it. Be prepared to stop 6 months and don't restart untill she agrees - the mortgage company will send all the shitty chasing letters to her. Keep in touch with the mortgage company and tell them you are having problems paying. They have specialist teams to help those in financial trouble and it is only as a last resort that they reposess. Time to be tough and very unreasonable my friend. She has been.

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    Q. I have a joint mortgage with my mother and she has made late payments. can these be removed from my credit rep

    Powered by
    The mortgage is for my mothers account (i have my own mortgage to pay). about a year ago i tried to refinance my mortgage and i got a crappy interest rate because there was a late mortgage payment on her account. i confronted my mother and i was angry and asked her to get me off of her house. she refused to re-finance to get me off the mortgage, but promised me she would make payments on time. a year later, i check my credit repot and there are 5 more late payments!! am i totally at her mercy on this? can i take action to force her to refinance without me or can i file to have those late payments removed from my credit report? any advice is appreciated!

    "There is no way to get the late payments removed since the loan is joint..."



    Sorry to say, there is no way to get the late payments removed since the loan is joint. You are just as responsible as your Mother to see to it that these payments are made as agreed. What you might do is contact the lender and have them mail the payment invoice to your address and then have your Mother pay you. That way you could make sure that the payments reach the lender on time.

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    Q. Air force roommates, one not paying mortgage, does he owe any money?

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    My husband is active duty air force. before i met him, against much better judgment, he helped another air force friend out by signing a joint mortgage with the guy because he had just gotten married & had a baby on the way but couldn't finance by himself. they all lived together for a few years splitting the mortgage two ways, even well after his friend's wife had a descent paying full time job. we started dating & my husband deployed for a few months, and we decided to move in together on base housing. obviously before doing so he had talked with his friend about it and they had an agreement that his friend and his family would take over the mortgage payments so that we could have separate homes. my silly husband did not get this in any writing and refused to open the mail from the mortgage company that was sent once a month to our base housing, even though it had both of their names on it. instead he would just give it all to his friend in bulk when he saw him at work, telling me that as far as he was concerned he had nothing to do with that house anymore... we were not married at this point! we have been living together for two years now and when we got married (last year) i went to buy a used car but found out that we had horrible credit even though last my husband checked he had an impressive credit score - i began to open the mail. they are behind last i knew of by six months on their house payment, even though the man's bah is enough to cover the mortgage. we suggested that they try selling the house, but they never did. they asked if we would be interested in taking it over, and before i was pregnant i honestly did not want to because i enjoy base housing. but that seems to be the only alternative to foreclosure. we are not financially set to take it over for a couple more months, in the mean time i'm wondering if they're still not paying for the house. they seem a little shady with what they are doing and my husband has tried talking to him about it but he literally gets answers such as "i don't know" and shrugs. they are trying to get 8000 rolled onto the back of the loan before we move into the house and they move onto base! if they don't, what can or should we do and mostly i am wondering if there is absolutely any way they can be financially responsible for absolutely anything since they will basically have lived in that house for 6 months free & are making us pay for it? and can they move into base housing owing that much money on a mortgage? lol... probably but still.... it just really annoys me that the military gives him bah for his house & that's obviously not what they're using it for, and that if we move in tomorrow, he gets off scott-free. i guess that's a lesson learned, though. a series of very, very stupid decisions, but i am hoping that we can find some good options!

    "He is jointly responsible for that mortgage..."



    Your husband made a bunch of very bad decisions. He is jointly responsible for that mortgage, even if he never lived there. Forget about what the other couple owes or rolled into the loan. Your husband needs to negotiate with the lender to bring the loan current. If they will allow the past due amounts to be rolled to the backside of the loan, do it. The next thing is to refinance the mortgage and get the other couple to sign off. The sooner the better. Since they are in financial problems with the mortgage,this is a good time to get them to sign over their share of the house. Refinancing gets them off the mortgage hoook, and gives you whatever equity they have in the house. By the way, how in the world did you manage to get base housing if you were not married? The Air Force has really changed if they now permit girlfriends to move into bachelor quarters or allow single service members to have family quarters so their girlfriend can move in.

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    Q. Can i force my ex-wife to pay her share of mortgage repayments until the house is sold?

    Powered by
    My wife and i are currently getting divorced. she decided to move out of the home to stay with her friends. we have a joint mortgage but she refused to pay her share as she says she's not living here anymore. what will happen when the house is sold? will she still get 50% of the price even though she stopped contributing? i also put much more deposit than her when the house was bought. am i entitled to more than her because of that? thanks very much for your advices.

    "It is up to you to collect her payments for the mortgage..."



    I believe she will be entitled to half of the debt and half of the profit on the house when sold. It is up to you to collect her payments for the mortgage. Consult an attorney if you don't already have one.

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    Q. Can my ex partner make me sell our joint property , we have two children and i have paid the mortgage since?

    Powered by
    My ex partner ( not married ) left in 2008 i've been in the house with our 2 children since and i have been paying the mortgage on my own. he is threatening me for the house..... can he force me to sell?

    "If he's on the mortgage..."



    If he's on the mortgage, he is part owner of the property. Buy him out. He can do a lot of damage here because YOU never wanted a legal relationship in the first place. You have few rights because you never wanted them from the beginning. You can't ask for rights now. By being in a fully sexual relationship OUTSIDE of marriage, you wanted to PLAY the game with no rules. Now you want rules to be put in place for your protection. Sorry. It doesn't work that way. You don't buy a lottery ticket the day AFTER the numbers are pulled!

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    Q. Can i be forced to pay?

    Powered by
    I lived in my parents house since 1973. my father left in 1978. in 1985 i started paying rent to my mother. i became a joint tenant with my mother and was put on the deed in 1993. i have been paying 2/3 of the mortgage since 1994. my mother past away in 2008. my sister is threatening to sue me for what she feels is my mothers share of the house. although my sister moved out in 1984 and has never paid one cent in rent or mortgage. she said she is in title to half of my mother holdings as her heir and california state law. my mother did not have a will and i have put the title into my name solely in february of this year. can i be forced to pay here anything?

    "If you held the property as joint tenants with rights to survivorship then..."



    If you held the property as joint tenants with rights to survivorship then your mother's interest in the property automatically passed on to you upon your mother's death as a matter of law. While it may be true that your sister is entitled to half of your mother's estate, the real property was never part of your mother's estate and therefore is not subject to an estate claim from your sister. Your sister's threat to sue is probably a hollow one. It's unlikely that any competent attorney would be willing to represent her and your attorney would probably get it thrown out of court on summary judgment.

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    Q. My ex has moved out but can he stop me having my new boyfriend in the house because we have a joint mortgage?

    Powered by
    I separated from my husband 7 months ago, and started divorce proceedings shortly after for very valid reasons. he moved out of the family home 5 months ago. i have met a wonderful man and have been in a new relationship for the last 4 months which my ex has allot of issues with and has caused allot of relentless trouble, threats, harassment and using of our children to hurt me!! but too much to go into on here. my question is i have been forced to put our house on the market even though i have two young children, only work a few hours a week and have nowhere to go! however i would like to get on with my life so have agreed. i have just started to introduce my new partner to our children and so far it has been all positive, i would like to invite him round my house occasionally (i am paying the entire mortgage/bills on the property) i'm talking dinner, bbq etc just so my children can get to know him. i've no intention of moving him in! my ex says no way, and if he finds out he has been in his house he threatens all sorts, and up until now i have done everything he asks primarily out of fear. but i feel it is my home too and i want to get on with my life, where do i stand on this??? thanks for answers, just in response to a couple i am not on the rebound at all i was very unhappy in my marriage for a long time as my husband is a cruel bully and not a decent man, who has never been there for his kids. he's dragged us into so much debt and has secured loans and re-morgaged our home to bail his business out. when my home sells i will end up with nothing where as he will have had in excess of £75,000 of the equity, and will be better off as some debts will be paid off making him a saving of around £1000 p/m he pays me £200 p/m maintanace and i pay the mortgage. we split 7 months ago, life goes on! my new partner is a decent, kind and genuine man, me and my children have know him for about a year as we were friends for a while and he has been a great support to me over the past few months, we simply fell in love. i have taken my time and alot of advise where my children are concerned. their dad lives close by and actually spends a lot more time with them than before

    "And you pay the mortgage he has no right over the..."



    dear on what you say that you have divorce proceeding against your ex: and you pay the mortgage he has no right over the house because if he does he must pay his part of the mortgage and further he can not say who come in and out there house to visit you as you were joint owner of the house at one stage so if he object get a order of Caution against him and bar him from coming to the house because he is mentally harassing you and you make all the pay meant you should seek legal advice regarding the home because you are paying all the bills and get it of the market.Remember in a marriage of Com unity the wife has her own half share of the asset and you can claim back from him all the contribution that you have made during the divorce proceeding so its not his house it belong top both of you. so dint be treat en has much has the house belong to him and its belong to you so throw him out.
    Someone said: its been like reading my own letter an wanted to thankyou for sharin i know what your goin through

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    Q. Split from ex, joint mortgage, children etc?

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    Hi, i split from my ex over 2 years ago. we have a joint mortgage at present and 2 children who still live in the house with their mother. i was wanting to know where i would stand if i was wanting to come out of the mortgage deal. ie, sell up. i know i cant force her to sell up and i know she cant afford to pay the repayments if i stop our financial agreement we have in principle and leave her to go through the csa. i want to get out of the mortgage and split 50-50. if she says no, and if i stop payments then the mortgage may default, meaing we are both placed in debt. is there any way out of this? thanks c p.s. we we not married. i should also add that i have a new partner and we are expecting a new baby.

    "Were you married and got divorced..."



    This question is confusing. Were you married and got divorced? I assume not, because the Judge would have made arrangements regarding the property. Were you dating and left the relationship while you are bound to a mortgage? If so, you need to take her to court to force her to buy you out or sell and split the proceeds. Are you still married and have not filed for divorce yet? If so, you need to file for divorce. If she can not buy you out or refinance in her own name...the court will order the property sold and the proceeds split. The child support will be determined in court, and has nothing to do with the sale of the house. If you are married, support and visitation can be hammered out in the divorce. If you are just dating an have kids, she or you can go through C.S.E.A. and get patenity testing (unless you are on the birth certificates) and determine how much will be owed. Best wishes

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