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    Richard prior's Avatar
    Richard prior Posts: 13, Reputation: 1
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    #1

    Oct 30, 2013, 09:25 PM
    Do I still have to pay a mortgage when I don't live there?
    A house was bought a year into a relationship, I moved out after 3 years and have continued to pay half the mortgage for the last two years . Am I still legally obliged to pay half ?
    Wondergirl's Avatar
    Wondergirl Posts: 37,851, Reputation: 5428
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    #2

    Oct 30, 2013, 09:48 PM
    Who bought the house? Whose names are on the mortgage and on the deed?
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #3

    Oct 30, 2013, 09:54 PM
    Is your name on the mortgage? If so, yes, you're responsible for it. Let's put it this way, you buy a car, you take out a loan to get it, you sign for it, you drive it off the lot and get into an accident. Insurance won't pay. Just because you no longer have the car doesn't mean you can decide not to pay for it, you took out the loan, so you're responsible for it.

    I'd ask to be bought out by the other person on the mortgage, get your name off the mortgage since you no longer live there.

    If your name isn't on the mortgage, if you're not named as part owner, than you're free and clear. No reason for you to pay for something you're not liable for.
    Richard prior's Avatar
    Richard prior Posts: 13, Reputation: 1
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    #4

    Oct 30, 2013, 10:28 PM
    Quote Originally Posted by Wondergirl View Post
    Who bought the house? Whose names are on the mortgage and on the deed?
    Yes, my name is on the loan.. Joint loan on the house.
    J_9's Avatar
    J_9 Posts: 40,278, Reputation: 5644
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    #5

    Oct 30, 2013, 10:29 PM
    Since your name is on the loan, you are required to continue to pay on the mortgage.
    Richard prior's Avatar
    Richard prior Posts: 13, Reputation: 1
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    #6

    Oct 30, 2013, 10:29 PM
    Quote Originally Posted by Alty View Post
    Is your name on the mortgage? If so, yes, you're responsible for it. Let's put it this way, you buy a car, you take out a loan to get it, you sign for it, you drive it off the lot and get into an accident. Insurance won't pay. Just because you no longer have the car doesn't mean you can decide not to pay for it, you took out the loan, so you're responsible for it.

    I'd ask to be bought out by the other person on the mortgage, get your name off the mortgage since you no longer live there.

    If your name isn't on the mortgage, if you're not named as part owner, than you're free and clear. No reason for you to pay for something you're not liable for.
    It's as I thought then, but hoped I would have better news.. Thanks for the help:)
    J_9's Avatar
    J_9 Posts: 40,278, Reputation: 5644
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    #7

    Oct 30, 2013, 10:30 PM
    Why would you think you don't have to pay on a loan that has your name listed? You borrowed the money from the bank, therefore you owe it back to the bank.
    Richard prior's Avatar
    Richard prior Posts: 13, Reputation: 1
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    #8

    Oct 30, 2013, 10:33 PM
    Quote Originally Posted by J_9 View Post
    Why would you think you don't have to pay on a loan that has your name listed? You borrowed the money from the bank, therefore you owe it back to the bank.
    I was told by someone that I could reduce the amount of financial input as I wasn't living there.. and that my ex was liable for a larger input.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #9

    Oct 30, 2013, 10:40 PM
    Quote Originally Posted by Richard prior View Post
    I was told by someone that I could reduce the amount of financial input as I wasn't living there.. and that my ex was liable for a larger input.
    It really depends on the ex. Were you two married? When is the mortgage due to be renewed? The only way you can get out of this is by her buying you out, getting your name off the mortgage. Not going to be an easy task. Why would the ex do it? Right now she's living in a house and only paying half the mortgage.

    Having said that, you're part owner of the house, no reason that you can't live there since you are paying half the mortgage and your name is on the deed.
    Richard prior's Avatar
    Richard prior Posts: 13, Reputation: 1
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    #10

    Oct 30, 2013, 11:11 PM
    Quote Originally Posted by Alty View Post
    It really depends on the ex. Were you two married? When is the mortgage due to be renewed? The only way you can get out of this is by her buying you out, getting your name off the mortgage. Not going to be an easy task. Why would the ex do it? Right now she's living in a house and only paying half the mortgage.

    Having said that, you're part owner of the house, no reason that you can't live there since you are paying half the mortgage and your name is on the deed.
    Never married, but maintained a amicable co parenting relationship until now😬 I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think! I've always paid above and beyond whilst looking after my little man as well.. Off track a little but the result is I thought I could offset this a little by reducing the input in the mortgage.. Surely $300 a week for a 7yr old is over the top? I guess this gets into a whole other topic though:) thanks though..
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #11

    Oct 30, 2013, 11:40 PM
    Quote Originally Posted by Richard prior View Post
    Never married, but maintained a amicable co parenting relationship until now😬 I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think! I've always paid above and beyond whilst looking after my little man as well.. Off track a little but the result is I thought I could offset this a little by reducing the input in the mortgage.. Surely $300 a week for a 7yr old is over the top? I guess this gets into a whole other topic though:) thanks though..
    Have you ever thought about buying her out of the home or selling it altogether, starting fresh, each of you getting half of what it sells for after the bank is paid?

    I really think it would be in your best interest to sever the relationship when it comes to owning a home together.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #12

    Oct 31, 2013, 12:07 AM
    Yes, the never married is the issue, if married, these are settled in divorce court. You need to try and work out a agreement with them.
    Richard prior's Avatar
    Richard prior Posts: 13, Reputation: 1
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    #13

    Oct 31, 2013, 12:09 AM
    Quote Originally Posted by Alty View Post
    Have you ever thought about buying her out of the home or selling it altogether, starting fresh, each of you getting half of what it sells for after the bank is paid?

    I really think it would be in your best interest to sever the relationship when it comes to owning a home together.
    Yes, selling seems to be the only option.. Thanks for your input, and allowing me to vent:) much appreciated.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #14

    Oct 31, 2013, 04:58 AM
    Quote Originally Posted by Richard prior View Post
    I was told by someone that I could reduce the amount of financial input as I wasn't living there.. and that my ex was liable for a larger input.
    Whoever told you this does not know what they are talking about. The only way to reduce your obligation on the loan is by taking her to court for a more equitable split. Its possible a court will agree that it is unfair that you should be paying an equal share for a house your don't live in. On the other hand, they may just put it that its part of your support for your child by providing a home.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #15

    Oct 31, 2013, 07:14 AM
    OP needs to get his child support obligation set by the court. Also, at present, he is jointly and severally liable with his ex on the mortgage. This means that, if she fails to pay, the bank could foreclose, sell it, and have a judgment against him for the deficiency. So part of the litigation he should contemplate would to force her to re-fiancÚ the property in her own name.
    Richard prior's Avatar
    Richard prior Posts: 13, Reputation: 1
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    #16

    Oct 31, 2013, 12:50 PM
    Quote Originally Posted by AK lawyer View Post
    OP needs to get his child support obligation set by the court. Also, at present, he is jointly and severally liable with his ex on the mortgage. This means that, if she fails to pay, the bank could foreclose, sell it, and have a judgment against him for the deficiency. So part of the litigation he should contemplate would to force her to re-fiancÚ the property in her own name.
    Thank you for that advice. RP
    cdad's Avatar
    cdad Posts: 12,688, Reputation: 1438
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    #17

    Oct 31, 2013, 01:45 PM
    Quote Originally Posted by ScottGem View Post
    Whoever told you this does not know what they are talking about. The only way to reduce your obligation on the loan is by taking her to court for a more equitable split. Its possible a court will agree that it is unfair that you should be paying an equal share for a house your don't live in. On the other hand, they may just put it that its part of your support for your child by providing a home.
    I think the confusion is coming from how the law can work. In cases where both parties are on a loan and only 1 party occupies the home then the courts see the continued obligation to the loan as a principle matter. But what the courts can do is allow for "rent back" of the home. That is the fair market value for renting the home. Often times this rent back can be more then 1/2 the payment on the home. So when split it works out that the one remaining in the home pays a greater share towards it.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #18

    Oct 31, 2013, 02:04 PM
    I have a question, and I'd love the legal experts to weigh in on this, it just popped into my head, and since I'm not a legal expert, I'm not sure if it's relevant or not.

    When she went to court for child support, was the court made aware of the fact that she lives in the house that both of you own and pay for? Did they take that into consideration when determining the amount of child support you owe?

    Yes, there's more than just a roof over a childs head when it comes to supporting said child, but you are paying half of a mortgage on a house you don't even live in, and then pay an additional $300 a week for your child? That seems excessive to me.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #19

    Oct 31, 2013, 02:47 PM
    Quote Originally Posted by Alty View Post
    ...

    When she went to court for child support, was the court made aware of the fact that she lives in the house that both of you own and pay for? Did they take that into consideration when determining the amount of child support you owe?
    ...
    The way I've read everything OP has said, there is no court order for child support.

    The main clue is here: "I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think!". I don't read this as saying there is an order, but it could, I suppose, be interpreted that way.

    Richard prior, please clarify.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #20

    Oct 31, 2013, 02:57 PM
    Quote Originally Posted by AK lawyer View Post
    The way I've read everything OP has said, there is no court order for child support.

    The main clue is here: "I started a new higher paying job albeit short term, now she has re assed the maintenance to a unrealistic figure, or so I think!". I don't read this as saying there is an order, but it could, I suppose, be interpreted that way.

    Richard prior, please clarify.
    True, he doesn't say it's court ordered. I just don't see anyone agreeing to $300 a week, and paying half the mortgage on a home he doesn't even live in, without a court order. But that is an assumption on my part.

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