ChatGPT · National
My partner and I are separating and disagree about who should pay the joint mortgage on our home while we sort things out. Who should I speak to first?
I’m sorry you’re having to deal with this. Separating is difficult enough without the added stress of disagreeing about the mortgage on your home.
In New Zealand, I’d suggest speaking to a family lawyer first, while also contacting your mortgage lender early. These two conversations serve different purposes: a lawyer can help you understand your legal responsibilities and rights, while your lender can explain your options for keeping the mortgage payments up to date while you and your partner work things out.
1. Speak to a family lawyer first
A family lawyer who specialises in relationship property can advise you on who should pay the mortgage while you are separated and before you reach a formal agreement.
They can help you understand:
- Your responsibility for the mortgage: If you both signed the mortgage or loan agreement, you will generally both remain responsible to the lender, even if one of you moves out.
- Whether payments should be shared: The fair arrangement between you may depend on your respective incomes, who is living in the house, how the property is owned, and your wider financial circumstances.
- What happens if one person pays more: If you cover more than your agreed share, you may want to understand whether and how those payments could be accounted for when your relationship property is divided.
- How to formalise an agreement: A lawyer can help you establish a temporary arrangement while you decide whether to sell the home, have one partner buy out the other, or retain the property for now.
You don't necessarily have to begin a court process. Getting independent legal advice early can help you avoid misunderstandings and protect your position while you negotiate.
2. Contact your mortgage lender promptly
Your bank or mortgage provider should be your next call, particularly if you are worried that the next payment might be missed.
Ask them:
- What happens if one of you cannot afford your usual contribution?
- Are there temporary repayment options if your circumstances have changed?
- What options are available if you cannot agree on who will pay?
- What would be required if one of you eventually wants to take over the mortgage?
Important: If you both signed the mortgage, don't assume that moving out or agreeing between yourselves that one person will pay releases the other from their obligations to the lender. Your lender's consent may be required to change the loan arrangements.
Until you have a clear plan, try to avoid missed payments, as these can affect both of you. Your lawyer can help you assess your options if neither of you can afford to cover the payments alone.
3. If you cannot afford a lawyer
There are free or lower-cost options available in New Zealand.
- Community Law New Zealand: Offers free initial legal advice and can help you understand your rights regarding relationship property.
- Ministry of Justice — Get legal advice and help: Explains options for free initial family legal advice and legal aid.
- Citizens Advice Bureau: Call 0800 367 222 for guidance and referrals to appropriate services. justice.govt.nz, communitylaw.org.nz, justice.govt.nz
4. What should you do about the mortgage in the meantime?
If you and your partner can communicate safely, try to agree on a temporary arrangement while you obtain legal advice.
Record in writing:
- Who will pay the mortgage and how much each person will contribute.
- Who will cover rates, insurance and other home-related expenses.
- How long the arrangement will last before you review it.
- How you will record any payments made by one person on behalf of the other.
This should be treated as an interim arrangement, not necessarily the final division of your assets and debts. If you eventually agree on how to divide your relationship property, New Zealand law requires independent legal advice for each of you and specific formalities for an agreement to be legally effective. justice.govt.nz, justice.govt.nz
Can I help you work out your next step?
There is one important detail that would help me give you more specific guidance.
Are you and your partner both still living in the house, or has one of you moved out?
That can make a difference when considering a fair temporary mortgage arrangement, alongside your respective incomes, ownership arrangements and legal obligations.
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Captured 11 October 2026