WA Consequences of Not Paying Mortgage After Separation?

[ChristopherWilson]

Hi, I’m 35, have been married for 6 years and, after my wife started seeing someone else, I moved out of the family home a month ago.

We bought our house in 2009 and having been paying the mortgage ever since, as joint owners on the mortgage. However, she now pays the minimum required (interest only) and I only pay child support. I rent elsewhere and do not pay this mortgage anymore – as of about 3 weeks ago.

My questions are:

1. Will I owe mortgage money over a period of time to her for the period I am still half owner of the property, but not paying the actual mortgage? I’m wary of the fact that it was my decision to move out and this is what may be looked at legally.
   
   
2. Does not paying the mortgage diminish my share of the equity in the event we were to sell?
   
   
3. If someone else was to move in, would they over a period of time be able to claim part ownership of the house?

The situation is pretty amicable, I just want to make sure I don’t have massive costs later on if I were to not pay the mortgage for months on end.

Thanks in advance

 

[sammy01]

1.I would not worry to much. You owe the bank and as long as they are getting paid, they are gonna leave you alone. Bit hard to pay child support, mortgage and rent.

2. Look if this went on for an extended period then the courts would factor that in. But if things are amicable then hopefully you can work it out between yourselves. I'd encourage you to either suggest it goes on the market because summer is a better time to sell or she tries to refinance you out of the place.

3. If the ex's new fella moved in then after about 5 years, he would have a small claim . After 20 years, he could have a bigger claim. So don't fret.

Mate surprisingly the legal system really is common sense...So - for example if you don't pay the mortgage but are not living there, well so be it... If the ex were to now decide to put a swimming pool in at her expense she would then have a claim to a slightly large cut of any profits from the sale because of that recent input that increased the value.

I would suggest getting an agreement about child access sorted first. You sound pretty calm and cool - try and stay that way. Best thing you can do for you kids is to chill. Bloody painful, but stay calm and you'll get a better result.

 

[ChristopherWilson]

Thanks for your help, Sammy. I'm also after any other people's view on this situation. Also can anyone recommend a good family law firm for legal advice in Perth?

 

[CasKat]

Unfortunately, I did this.

I have/had a mortgage in my name. I left my ex and he wouldn't move out of the house so I stayed with friends with our son and afterwards, I found out that he could have taken claim to my whole house even though it was in my name only and I made every payment myself (even after leaving the house) and he had never contributed anywhere financially.

He pointed out to me under abandonment laws that legally he had every right to take claim to my property as I "abandoned" it for him to live in...then his lawyers pointed out that he had up to 7 years after separation to take claim of my house even though I had moved back in (he had left by this stage, 8 months later). he did not pursue any of this despite constant threats.

He didn't care one bit for visits or custody of our son, only of how he could screw me over and take everything I had worked for. Sadly for our son, we went to court for our son and he never showed. I got full custody after the courts gave him 3 chances to attend. We haven't seen him for nearly 2 years..