Domestic Abuse Mortgage
The client experienced issues related to domestic abuse and their former partner is currently incarcerated until June of the following year. After their release, there are restrictions preventing the former partner from returning to the shared home or contacting the client until 2027. The client and their former partner hold a joint mortgage, but the former partner has not made any payments since mid-2024. The client seeks guidance on how to manage this financial situation amidst the domestic abuse concerns.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take to ensure my ex-partner contributes to the mortgage payments while he is in prison?
You may consider applying for a court order to enforce your ex-partner's financial obligations regarding the mortgage. This can be pursued through a civil claim for debt recovery, as he remains responsible for the mortgage despite his incarceration. Collect evidence of non-payment and the mortgage terms. Consulting with a solicitor may help to navigate this process and ensure appropriate documentation is submitted. If the court approves the order, it will require your ex-partner to fulfill the payment responsibilities.
How can I legally protect myself from any financial repercussions due to my ex-partner's non-payment of the mortgage?
To safeguard yourself from financial fallout due to your ex-partner's failure to pay the mortgage, inform your lender of your situation. Explore options such as a payment holiday, interest-only payments, or restructuring your mortgage. You might also consider seeking a court order for sole possession of the home if required, which would enable you to handle the mortgage independently. Additionally, inquire about financial support options, such as benefits, and seek advice from financial charity organizations for assistance.
Are there any legal resources or organisations that can provide support for survivors of domestic abuse in my situation?
There are numerous organisations that assist survivors of domestic abuse. Various services offer resources for emotional support and guidance on housing and financial issues. Additionally, Citizens Advice can help with information on legal and financial matters related to domestic abuse. These organizations are equipped to assist you with immediate safety concerns and long-term financial and housing stability.
What should I do if my ex-partner attempts to contact me despite the prohibition until 2027?
If your ex-partner makes contact, report this violation to the police, as it could be considered a criminal offense under any existing restraining order or injunction. Document every contact attempt, noting the dates, times, and content of the interactions. Further legal orders may be necessary, such as a non-molestation order, and consider reaching out to domestic abuse support organizations for assistance.
Is there a way to modify the mortgage agreement to remove my ex-partner's name or share of responsibility?
To amend a mortgage agreement and remove your ex-partner's name, you will likely need to go through a process known as "remortgaging." This entails applying for a new mortgage solely in your name, subject to your financial capability and lender's requirements. The lender will evaluate your repayment ability based on your income and credit report. If successful, your ex-partner's involvement in the mortgage can be eliminated. Alternatively, explore a "transfer of equity" with the lender's approval.
