Increase in mortgage

Divorced over 18 months. House has to be sold. On the market for 18 months not selling due to leased solar panels. Mortgage has increased due to new rate. Ex refusing to pay half of additional repayment. Mortgage is in both our names. What exactly does he have to pay for ? I live in the property and pay for all maintenance and all bills. He was paying a set amount when financial settlement was completed. This was slightly over half of mortgage and home insurance. Now wants to change and pay exactly half of these bills.

Do you have a financial order? What does this say about how the mortgage is to be paid until sale?

Hadenoughnow

I do have a financial order but it does not specify how the mortgage is to be paid. He agreed to pay a set amount in court. This was more than half of the mortgage and insurance due to his higher income and the fact he refused to pay spousal maintenance.

Hmm. If it is a joint mortgage you are jointly and severally liable. That means you are each liable for the full amount. If you don't pay the mortgage lender will chase him for the money. If there's an indemnity clause he could have some protection.
It is usual for whoever stays in the FMH to meet the costs of doing so. This may not be appropriate if the property is say large and expensive to run.
That said the financial order should also have provided some clarity on how you will be supported to meet costs until sale. You say he agreed to payments in court. Is that recorded anywhere in the order? If it is, it may be enforceable. The precise wording will be key.

Hadenoughnow

Nothing in the FS to say about how to meet costs of maintenance and increase in mortgage. Payments not mentioned in the statement.

Were you represented? I think you need someone to look over the order and advise. One problem is that 18 months ago the mortgage rate rises were just not considered I guess.

What would happen if you were to move out? Are there children to consider?

Is the property completely unsaleable or would it sell at a reduced price?? Was this problem flagged up in the financial proceedings? If it won't sell, could you afford to stay there? Could he live there? What other options might you have?

Hadenoughnow

No children. I represented myself. If I moved out I would have to pay my half of the mortgage and full rental costs. The house has been reduced and still not selling. I can just about afford to live here but FS says it has to be sold. Ex is constantly harassing me about the non sale.