Hi there. It sounds like you have had a difficult time. From the information you provided, money was still owed to the lender on your mortgage at the time your house was sold. Assuming you held the mortgage jointly with your former partner, this means you were each liable for half of the outstanding debt.

When the house was sold, the proceeds of the sale should have been applied to repaying the mortgage. Any leftover money should have been shared between you and your former partner. If the money from the sale of the house was not enough to cover the mortgage balance, then you will still owe the lender this debt. Again, if the mortgage was in both of your names, you will be equally responsible for repayment of the debt. You should contact the lender to clarify your outstanding debt and whether your former partner is making repayments on the debt.

Regarding your mental health, this may be a relevant factor if you need to negotiate a repayment plan with the lender or any other creditors to whom you owe money. You may also be able to avoid or vary certain legal responsibilities if, whilst you were unwell, you were committed to particular transactions without knowing what you were doing or without full mental capacity. These rights stem from the common law and not the Mental Health Act 2010 (WA), which is primarily concerned with the treatment of persons with a mental illness.