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    • Sd07143
    • By Sd07143 30th Nov 17, 7:46 PM
    • 2Posts
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    Sd07143
    Can my ex make me sell my house?
    • #1
    • 30th Nov 17, 7:46 PM
    Can my ex make me sell my house? 30th Nov 17 at 7:46 PM
    I have an interest only mortgage, me and my ex partner took out the mortgage 10 years ago and separated 7 years ago.

    I have payed the mortgage myself for 7 years with no financial help. I am not able to remortgage myself due to my income and poor credit rating.

    My ex partner has told me he wants off the mortgage and that I need to sell the house. Unfortunately I am not in a position to sell the house due to negative equity.

    We have a 7 year old daughter together and he wants me to sell the house so that he is able to take out a 3rd mortgage. I told him to give me some time and I'll see what route we can take and he is now threatening to take me to court.

    Does anyone have any advice for me on this matter?

    Many thanks
Page 1
    • Sarastro
    • By Sarastro 30th Nov 17, 8:53 PM
    • 339 Posts
    • 268 Thanks
    Sarastro
    • #2
    • 30th Nov 17, 8:53 PM
    • #2
    • 30th Nov 17, 8:53 PM
    Is the house in joint names 50/50?
    • dimbo61
    • By dimbo61 30th Nov 17, 8:54 PM
    • 9,587 Posts
    • 5,182 Thanks
    dimbo61
    • #3
    • 30th Nov 17, 8:54 PM
    • #3
    • 30th Nov 17, 8:54 PM
    Me thinks me may struggle to win in court.
    Unless there is a lot of equity in the property and you could afford a home for yourself and your child from your share ?
    No court is going to make you and your 7 year old son homeless so your EX can move on in his life.
    Speak to the CAB or spend half an hour with a solicitor
    • Thrugelmir
    • By Thrugelmir 30th Nov 17, 9:29 PM
    • 56,198 Posts
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    Thrugelmir
    • #4
    • 30th Nov 17, 9:29 PM
    • #4
    • 30th Nov 17, 9:29 PM
    I have payed the mortgage myself for 7 years with no financial help.
    Originally posted by Sd07143
    Doesn't your ex pay you maintenance for your daughter ?
    “Opportunities come infrequently. When it rains gold, put out the bucket, not the thimble”
    ― Warren Buffett
    • enthusiasticsaver
    • By enthusiasticsaver 30th Nov 17, 10:29 PM
    • 4,839 Posts
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    enthusiasticsaver
    • #5
    • 30th Nov 17, 10:29 PM
    • #5
    • 30th Nov 17, 10:29 PM
    As you have paid the mortgage yourself for the last 7 years and there is negative equity I sincerely doubt it is worth him taking you to court. He cannot force you to sell and if you are not in a position to take it on yourself there is very little he can do. The judge is not going to be interested in him wanting to take out another mortgage. Does he pay you maintenance for your daughter and was there any financial settlement sorted when you separated?
    2 weeks to go until early retirement in December . Debt free and mortgage free.

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    • Sd07143
    • By Sd07143 1st Dec 17, 9:19 AM
    • 2 Posts
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    Sd07143
    • #6
    • 1st Dec 17, 9:19 AM
    • #6
    • 1st Dec 17, 9:19 AM
    When we separated he took our £4000 savings and left me with numerous debts and the house. I have never changed my mortgage as the repayments are very low because it's interest only and I have never been in a position as a single mum to change over to a repayment mortgage as it would be more expensive each month.
    The house is only worth about £7000 more than when I bought it, he doesn't want to sell it because he wants money out of it, he wants to sell because he wants to buy another property (he already has another 2) I told him I would seek advice after Christmas but he wants it sorting before..and clearly the only way is to take me to court.
    He pays maintenance for my daughter and has a great relationship with her. I'm just worried that obviously we are going to lose our home ��
    • BoGoF
    • By BoGoF 1st Dec 17, 9:26 AM
    • 2,722 Posts
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    BoGoF
    • #7
    • 1st Dec 17, 9:26 AM
    • #7
    • 1st Dec 17, 9:26 AM
    If you are interest only there is going to come a point where you have to weigh up your options - how do you intend eventually paying off the mortgage. It is unlikely the lender will let you stay on interest only indefinitely - if you can't afford to move to repayment then maybe your best bet is to sell then rent.
    • elsien
    • By elsien 1st Dec 17, 9:30 AM
    • 15,419 Posts
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    elsien
    • #8
    • 1st Dec 17, 9:30 AM
    • #8
    • 1st Dec 17, 9:30 AM
    Were you married? (I'm guessing not as you refer to expartner not exhusband. )

    If the house is worth more than when you bought it, how are you in negative equity?

    He's not going to take you to court before Christmas, the timescales just wouldn't allow it, he's trying to coerce you into acting more quickly. Have you considered one of the solicitor free half hour advice sessions, as a starting point? Or is there a law centre in your area?
    Last edited by elsien; 01-12-2017 at 9:34 AM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Mortgage_Adviser
    • By Mortgage_Adviser 1st Dec 17, 9:51 AM
    • 45 Posts
    • 22 Thanks
    Mortgage_Adviser
    • #9
    • 1st Dec 17, 9:51 AM
    • #9
    • 1st Dec 17, 9:51 AM
    You can also get a free advice from Citizens Advuce Bureau or Legal cover if you have one as a part of your house or car insurance.
    • Keep pedalling
    • By Keep pedalling 1st Dec 17, 11:17 AM
    • 4,072 Posts
    • 4,432 Thanks
    Keep pedalling
    So rather than pay to support his child, he sticks all his money into being a property investor, and to that end he also wants to make his child homeless. Sound a total *hit.

    You really should be pursuing him for child support including 7 years back payments.

    https://www.gov.uk/child-maintenance
    • BoGoF
    • By BoGoF 1st Dec 17, 12:16 PM
    • 2,722 Posts
    • 1,959 Thanks
    BoGoF
    Did you miss the part that said he pays maintenance?
    • dimbo61
    • By dimbo61 1st Dec 17, 2:11 PM
    • 9,587 Posts
    • 5,182 Thanks
    dimbo61
    If he owns other properties he does not stand a cat in hells chance of making you sell the property
    • Pixie5740
    • By Pixie5740 1st Dec 17, 6:04 PM
    • 11,196 Posts
    • 15,643 Thanks
    Pixie5740
    If he owns other properties he does not stand a cat in hells chance of making you sell the property
    Originally posted by dimbo61
    What are you basing that on? Just because there is a child that doesn't automatically
    mean the OP will get to stay in the property until the child turns 18. That's not even a given for divorcing couples. The OP requires proper legal advice about her options.

    If the property has risen £7k since it was bought then I don't understand how the OP can be in negative equity either. There will come a time when the capital must be repaid so unless the OP has some repayment vehicle in place then sooner or later this property will need to be sold. The fact the ex has other properties already is irrelevant. It's not surprising that someone wants to sever financial ties (except for the child maintenance) with an ex-partner. I'm only surprised it hasn't been sorted out sooner.
    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.
    • Pixie5740
    • By Pixie5740 1st Dec 17, 6:05 PM
    • 11,196 Posts
    • 15,643 Thanks
    Pixie5740

    You really should be pursuing him for child support including 7 years back payments.
    Originally posted by Keep pedalling

    You really should get yourself to Specsavers
    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.
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