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joint mortgage problem-my brother has a joint mortgage with his wife-they split up months ago?

amicabily at first-because money was tight she got a 6mth reprieve from the mortgage-now she wants my brother to pay half the mortgage-the bills such as electric/gas and other bills each month totalling 500 pounds a month-they have a child so this is instead of paying child support(her choice entirely) my brother has to pay for his own lodgings-bills etc and cannot afford to keep paying all this money-he would ideally like to pay whatever the CSA ask of him(for child) as he wants nothing to do with the house at all- she wont agree to have his name taken off the mortgage as by herself she could not afford to keep it(he doesnt want anything from the house should she sell it) he just wants to pay for his child-please give advice if u can -solicitors are very expensive but he knows hell have to see one but if anyone can give advice in the meantime it would be appreciated x ps the bills i mentioned and the mortgage comes out of his bank account(the bills are in his name-the mortgage in bot ps she wont divorce him but knows he cant afford the solicitors bills to divorce her either

Public Comments

1. When they got a divorce, it should have been in the divorce decree that they house had to either be refinanced or sold. If she can't afford the house payment, then the house should be sold. Also, if you are in certain states in the U.S., the value of the house has to be divided in a divorce. It the house is worth $200,000 and they still owe $100,000. If she wants to keep the house, she will have to pay him his share of the equity. She just doesn't get to keep it all.
2. he needs to see a solicitor and keep a log of everything he has paid towards the house since they split... not romantic but unfortunately essential now
3. Often misunderstood, a joint mortgage is not the same as joint ownership. Ownership is determined by the deed, not the mortgage. A joint mortgage simply means that both applicants are responsible for repaying the loan. Couples often choose to apply for a joint mortgage in order to combine their incomes and qualify for a higher loan amount. In a joint mortgage, each party is held equally financially liable for repayment of the loan and the payment history is applied to each party's credit history. While there are advantages to applying for a joint mortgage because of combined income and credit scores, it is important to understand how the ownership of the property is deeded. There are two common ways of recording a deed of joint ownership. Most married couples have joint survivorship, which means that if one person dies, sole ownership of the property automatically reverts to the survivor. In this case, all that is needed to prove ownership is the original joint survivorship deed and a copy of a recorded death certificate. Property deeded as joint tenants in common would apply to partners who wish to own the property equally, but not to deed their portion of ownership to the other should they die. In this case, should one owner die, their portion of ownership would revert to their survivor(s) through probate court. Another common misconception regarding joint mortgages occurs when married couples divorce. Often, one spouse will quit-claim the deed to the other. This means that one spouse signs away any personal interest in the property and grants sole ownership to the other. However, if there is an outstanding mortgage balance on the property and the mortgage is a joint mortgage, the couple remains equally financially responsible for repayment of the loan. Should either party fail to make payments, the other can be held responsible for repayment, even if they no longer have ownership rights to the property If you are considering applying for a joint mortgage, be sure you and the other party involved are clear about how the property will be deeded and how matters will be handled should the partnership dissolve. To understand your full rights and responsibilities in a joint mortgage, ask an attorney or check with the title company that will be closing the loan. ++++++++++++++++++++++++++
4. IHe cannot discharge himself off of the mortgage unless he sells it or there's a divorce decree that gives her the house. You said he can't afford a solicitor, but he certainly can't afford what's happening now. His credit can be ruined by what is happening now.
5. Hiring a lawyer for legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html
6. don't they qualify for legal aid then? I definately think that he could get taken to the cleaners if he doesn't get legal advice.
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