house equity problems - can he sell without consent or what to do?

squares

Not sure if this is the right place - but my brother in law has split with his girlfriend..
They have a house with a mortgage. the mortgage is in his name, but the title deeds are joint. The logic of this was that she put the deposit down, and he pays the mortgage.
He has now left the house (I don't think he should have done really), and paying the mortgage. In the house is his girlfriend, 6 year old son (who he has access to when she feels like it, or wants him to babysit), and 2 step daughters , old teenagers who do not speak to him. So they are effectively living there rent free in my eyes.
He can't afford to rent another house as he is still paying the mortgage, so he is lodging with a friend. I have asked him/told him to pu the house up for sale, but she won't so he says that's it there is nothing he can do about it, as his child is under the roof.
I can't believe that that is the end of it. If he sold the house and she down sized he would get some cash back out of it to enable him to sort himself out. can anyone give me any advice - he has no access to a computer now. Thanks

pinkshoes

Can he not move back in? He has just as much right to live there!

I thought you had to be on the mortgage to be on the title deeds???

If she paid the deposit, and is refusing to let the house be sold, then I guess he could just stop paying the mortgage and let it get repossessed, although he will no doubt end up with a shocking credit rating, and it would depend on there being enough equity in the house, otherwise they'd chase him for the remaining debt.

Perhaps if he mentions the reposession thing to her, she'll have read enough in the papers to cooperate and sell the house rather than risk losing her deposit!! He should tell her he'll give her child support for their son.

My_Fathers_Daughter

The mortgage company would not allow the deeds to be in 2 names if the mortgage is in 1 name...are you sure that she is actually on the deeds/not on the mortgage?

squares

yes the title deeds are in joint, and the mortgage sole. I know that you used to be able to do this, as I worked at a Building Society. I have told him to keep paying the mortgage, as if he defaults it is him that gets the bad credit rating , not her -
I guess he could tell her that he is not paying it to put the wind up her - she will not know the diffrence as no mail goes there. I think the relationship got so bad that he felt he had to leave, and i also think he is not rocking the boat because he still obviously doesn't want her to get cross and be awkward about access. For example this week he is on nights, and last week, and she keeps asking him to look after his son, knowing he won't say no, but is also getting no sleep either!!!
The house is a large detached -4 beds I think, and I don't see why he should have to put a roof over her daughters heads!

SuziQ

I'm afraid his only redress is to get legal advice. My husbands ex very easily forced him to sell their home,however she did get a larger slice of the equity as parent with care-this was only 5 years ago,I don't know if things have changed now. He is responsible for the mortgage. Is she on benefits,as he may soon get the dreaded CSA letter too? He really needs to take whatever info he has and get some legal advice. The other option is to go to the CAB who have legal advisors (but often a long waitlist) or to post a question on http://www.divorceonline.co.uk/ as they have legal bods who answer questions specifically on these issues.

Oldernotwiser

My_Fathers_Daughter wrote: »

The mortgage company would not allow the deeds to be in 2 names if the mortgage is in 1 name...are you sure that she is actually on the deeds/not on the mortgage?

That's not true; the first house I bought I added my husband to the title deeds but the mortgage was in my name only.

squares

Thanks for your advice - am going to look at divorceonline.co.uk now.

sturll

No.

If he did the court would order a constructive trust and half the money would go to wife.
She has an equitable interest in the property and this would come up on the land registry but the conveyencer who in turn wouldnt touch it.