Left with the mortgage & baby

lucmand

To cut a long story short, my ex & I split up June 07', when our son was 6 months old & just 3 months after we bought our new house. He then moved in with a new girlfriend - I have contact with my ex only by letter because he is abusive.

My ex has refused to pay his share towards the mortgage (900+) per month & money I lent him (from selling my property) to pay off his credit cards (£6k). He says that he spent the 6K when we split up (by living it up) and that he has had to consolidate his debts and is only allowed a cash card.

I have taken out a loan (16k) which consolidated my cc, overdraft and bills. Although I am the main earner but the mortgage will go up to £1,200 next Jan and I need to move on and not be tied to my ex with this house. I want to sell the house but the cost of selling inc redemption charge & negative equity will equal about £17k. I have written to my ex stating my intention to sell and specified his share of the costs nearly £9k. I have not heard anything from my ex (letter sent 2 wks ago).

Any advice would be appreciated as I need to sell but how do I get my ex to take financial responsibility for his part? Note I will be seeing my solicitor next week.

onlyroz

Could you perhaps take in a lodger and keep the house?

Also, I would have thought that if he has not been paying the mortgage for a year then he would be entitled to less than half of its value if you sold - although the solicitor would know more than me about this.

lucmand

The mortgage is 105% with Northern Rock so the house is already in negative equity. I know for sure if there was equity he would be first in line to take his share.

Because the mortgage is going up in Jan I want to get rid of the house and maybe rent for a while which would be so much cheaper.

Not sure about a lodger with a toddler around to be honest.

Just wanted to know can I force my ex to sell as we are joint holders.

Merlot

You need legal advice on this, some solicitors don't charge for the first half an hour. Why can't you get a new fixed rate on your mortgage? Otherwise you have to pay 9K, possibly 17K if your ex won't pay up. Let the market correct itself and it will, it could take 3 or 4 years though.

nifi26

Sorry to hear about your situation.

I would re consider taking in a lodger. I know people who have done this with a young child. You can be very picky about who you choose to take in and try asking around friends, colegues etc. so you might find someone who is not a complete stranger.

Selling now would be very difficult and even if you sold you would lose money+then shed some more on rent - do you really want this?

I can also tell from experience that if your ex realy does not have the money, you'll just end up paying fees for legal advice and action but will recieve nothing from him.

lucmand

I wouldn't be able to get another mortagage because of the negative equity plus the mortgage was based on 2 salaries.

I have been offered a job near my family so selling up would mean I could move on with my life. I could be renting a 4 bed detached house here for the amount I pay mortgage wise (makes me sick thinking about it)

I don't know whether to rent out the property in the mean-time and ask my ex to pay half of the difference between the rent and mortgage.

Nr will make me go onto the variable rate and I am worried that I will eventually default if the mortagage goes up and up and if house prices are to fall 30% should I just get out now?

margaretclare

I sympathise. What a terrible story. You obviously know you made a lot of mistakes - whoever thought that a 105% mortgage was ever going to be a good idea - but hindsight is a wonderful thing.

My instinct would be to get out now, walk away from this useless lump of humanity (your ex), accept the job near your family, and move on. Don't waste time worrying about 'what if', and trying to hang on. You could ask your ex if he would pay....but given the experience you have of his behaviour in the past year, what is the likelihood that he would comply?

Very best wishes

pinkshoes

You need to seek legal advice immediately. Try going to the CAB for starters, and see what they advise you to do.

You need to speak to your solicitor about how you'd get your ex to pay off half the negative equity. If he could chase you through court for half the profit if it had gone up in value, I don't see why you shouldn't be able to chase him for half the debt!

You'll also need to get your ex to sign something giving you permission to sell.

Price it reasonably. Look on rightmove.co.uk at what similar houses are selling it within 1/2 mile radius, and price it below them for quick sale.

sismith42

lucmand wrote: »

I wouldn't be able to get another mortagage because of the negative equity plus the mortgage was based on 2 salaries.

I have been offered a job near my family so selling up would mean I could move on with my life. I could be renting a 4 bed detached house here for the amount I pay mortgage wise (makes me sick thinking about it)

I don't know whether to rent out the property in the mean-time and ask my ex to pay half of the difference between the rent and mortgage.

Nr will make me go onto the variable rate and I am worried that I will eventually default if the mortagage goes up and up and if house prices are to fall 30% should I just get out now?

I would rent it out, but go get proper finantial advice!

If you do default, remember: HIS credit will suffer, too!