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    • jason davey
    • By jason davey 28th Nov 17, 10:26 AM
    • 10Posts
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    jason davey
    **Help** mortgage payments
    • #1
    • 28th Nov 17, 10:26 AM
    **Help** mortgage payments 28th Nov 17 at 10:26 AM
    my ex partner and i have a house together.

    i own 93% and she owns the remaining 7%

    she left me four months ago and still continues to pay her half of the mortgage at the moment but i live in fear that she will stop as she keeps threatening it.

    the house has been on the market for a few months as she wanted his 7% share now she has left.

    i have offered to buy her out at its current value. but she refuses to accept.

    can any one advise where i stand if she stops paying?

    is she still entitled to his share if she stops paying.

    if i sell the house in the future and it increases in value does her 7% move with this?

    she is also threatening to move back in should i take the house off of the market.

    thanks in advance.
    Last edited by jason davey; 28-11-2017 at 11:56 AM.
Page 1
    • AnotherJoe
    • By AnotherJoe 28th Nov 17, 11:21 AM
    • 7,676 Posts
    • 8,290 Thanks
    AnotherJoe
    • #2
    • 28th Nov 17, 11:21 AM
    • #2
    • 28th Nov 17, 11:21 AM
    Get. A. Solicitor.

    Now.
    • Neutrinno
    • By Neutrinno 28th Nov 17, 11:34 AM
    • 152 Posts
    • 69 Thanks
    Neutrinno
    • #3
    • 28th Nov 17, 11:34 AM
    • #3
    • 28th Nov 17, 11:34 AM
    You need professional legal advice, not advice here I'm afraid.
    I am a Mortgage Broker.

    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
    • jason davey
    • By jason davey 28th Nov 17, 11:34 AM
    • 10 Posts
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    jason davey
    • #4
    • 28th Nov 17, 11:34 AM
    • #4
    • 28th Nov 17, 11:34 AM
    any other opinion? - i have thought of this but i would prefer to reason with her and not sure where i stand exactly.
    • v40vol
    • By v40vol 28th Nov 17, 11:50 AM
    • 26 Posts
    • 9 Thanks
    v40vol
    • #5
    • 28th Nov 17, 11:50 AM
    • #5
    • 28th Nov 17, 11:50 AM
    Him/Her???
    • jason davey
    • By jason davey 28th Nov 17, 11:54 AM
    • 10 Posts
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    jason davey
    • #6
    • 28th Nov 17, 11:54 AM
    • #6
    • 28th Nov 17, 11:54 AM
    sorry typo her
    • BoGoF
    • By BoGoF 28th Nov 17, 12:10 PM
    • 2,737 Posts
    • 1,971 Thanks
    BoGoF
    • #7
    • 28th Nov 17, 12:10 PM
    • #7
    • 28th Nov 17, 12:10 PM
    Seems clear you won't be able to reason with her.

    Confused as to why she's paying half the mortgage for 7% share.
    • Pixie5740
    • By Pixie5740 28th Nov 17, 12:10 PM
    • 11,202 Posts
    • 15,655 Thanks
    Pixie5740
    • #8
    • 28th Nov 17, 12:10 PM
    • #8
    • 28th Nov 17, 12:10 PM
    What does your declaration of trust say will happen in the event of the relationship breaking down?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • jason davey
    • By jason davey 28th Nov 17, 12:14 PM
    • 10 Posts
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    jason davey
    • #9
    • 28th Nov 17, 12:14 PM
    • #9
    • 28th Nov 17, 12:14 PM
    i think she left off the cuff and now wants to come back but i dont want to know.

    my opinion is that she thinks there will be a hold over me on the house (7%) and unless we sell completely then she will always be there.

    although i want to keep the house as the kids schooling is local and it would mean a big up lift.

    im not sure what it says exactly - i will look in to it
    • jason davey
    • By jason davey 28th Nov 17, 12:15 PM
    • 10 Posts
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    jason davey
    i know her half is around 500 pm
    • BoGoF
    • By BoGoF 28th Nov 17, 12:18 PM
    • 2,737 Posts
    • 1,971 Thanks
    BoGoF
    And it's never a good idea to use your real name (assuming it is) when asking about disputes like this.
    • Pixie5740
    • By Pixie5740 28th Nov 17, 1:26 PM
    • 11,202 Posts
    • 15,655 Thanks
    Pixie5740
    i think she left off the cuff and now wants to come back but i dont want to know.

    my opinion is that she thinks there will be a hold over me on the house (7%) and unless we sell completely then she will always be there.

    although i want to keep the house as the kids schooling is local and it would mean a big up lift.

    im not sure what it says exactly - i will look in to it
    Originally posted by jason davey
    That really needs to be your starting point. However, I have no idea why she would have agreed to a 93/7 split if, as you indicate in a later post, she pays have the mortgage.

    i know her half is around 500 pm
    Originally posted by jason davey
    You each have joint and several liability for the whole mortgage.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • getmore4less
    • By getmore4less 28th Nov 17, 7:10 PM
    • 30,837 Posts
    • 18,445 Thanks
    getmore4less
    my ex partner and i have a house together.

    i own 93% and she owns the remaining 7%

    she left me four months ago and still continues to pay her half of the mortgage at the moment but i live in fear that she will stop as she keeps threatening it.
    Originally posted by jason davey
    how did you come to this arrangement 93%:7% if she was paying 1/2 the mortgage?

    how big were the cash inputs to the total purchase cost and the size of the mortgage and how much are you each paying of that mortgage?
    • Sarastro
    • By Sarastro 28th Nov 17, 7:21 PM
    • 360 Posts
    • 278 Thanks
    Sarastro
    This doesn't make sense. She doesn't own 7% of the house, she owns 7% of the equity, you own 93% of the equity. She can only have 7% of the market value if she pays off 7% of the current mortgage.
    • jason davey
    • By jason davey 29th Nov 17, 7:53 AM
    • 10 Posts
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    jason davey
    thats what i thought, altough what if this stops ?

    can i get her off the mortgage
    • jason davey
    • By jason davey 29th Nov 17, 7:55 AM
    • 10 Posts
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    jason davey
    that was all she could afford to put in.

    my share was 140,000 ish and hers 10,000

    she paid off some out standing debts prior to us going for the mortgage.
    • getmore4less
    • By getmore4less 29th Nov 17, 7:57 AM
    • 30,837 Posts
    • 18,445 Thanks
    getmore4less
    how big was the mortgage?
    how much of that does she pay?

    did she pay of shared debts or just her own?
    • jason davey
    • By jason davey 29th Nov 17, 7:59 AM
    • 10 Posts
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    jason davey
    mortgage is 925 pm
    • jason davey
    • By jason davey 29th Nov 17, 8:02 AM
    • 10 Posts
    • 0 Thanks
    jason davey
    it was a shared debt.

    basically she had the 10k to pay off for me so i gave her the 10 k back in the house which mortgage ad visor advised was 7%

    total mortgage was 265,000 after deposits were placed
    • jason davey
    • By jason davey 29th Nov 17, 8:06 AM
    • 10 Posts
    • 0 Thanks
    jason davey
    of course she is entitled to 7% of the equity of the house as we dont own it yet.

    the fact that she has paid %50 of the mortgage since we moved in (around 6 months ago) does that mean she is entitled to more?

    thanks to all for current advise - this is helping
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