Can he do this????

getmore4less

Tamazapan wrote: »

Well this is what i thought but he is being an !!!! with me and dont know what i can do. He expects me to sign my half of the morgage over to him!!!

If it is in negative equity then what have you to lose by doing this?

Tamazapan

Getmore4less i dont get what you mean??

Tamazapan

Northern Rock will not let him take on the morgage unless he has some one else to go on it with him. And he expects me to pay the change of parties fee and the solicitors to do this!! The point still remains he has changed the locks on our house without my permission.

mlz1413

Do you need access to the house, or just want to be able to gain access?

If the latter wait a bit and see if you can talk sensibiliy to him when both of you are not so angry.

You need to decide what is going to happen long term, ie sell and split the negative equity, one of you live there with a lodger and agree who is responsible for what including daily bills (IMO people living in house) and long term repairs (IMO owners jointly).

As neither of you earn enough to take on the mortgage alone it might be easier just to sell and put it down to experience. If you decide to try and 'ride out' the lower house prices then it might be easier to rent the whole house for a year or 5, ie however long it takes - but if you do this you need to be on civil talking to each other basis so that long term decisions can be made.

Phlik

Tamazapan wrote: »

Getmore4less i dont get what you mean??

If you're in NE then there's a good chance you'll owe him money, depending on the circumstances of course. Phlik

Tamazapan

No West Yorkshire.

princeofpounds

He cannot restrict you from using the house as you are a part-owner. If he does (and he has unless he gives you keys right away) he is opening himself up to legal action from you.

I suspect you need to get a solicitor right away to defend your interests, not only in terms of access but also in terms of equity in the house (is there any?) and in terms of rental income from the lodger.

A professional will be your best sort of advice, but you might also want to try landlordzone which has a couple of sols posting on it.

I would encourage you to make any communication recorded and in writing as soon as you feel you are not getting anywhere with a simple verbal request. This is important for evidential purposes.

You should be pointing out ASAP that there are new locks - you need keys as it is still partly your house. You should be pointing out there is a lodger, paying £x, and you want to arrange to collect your share of the rent as per your agreement. You want to ask what he is proposing to do regarding buying out your share of the mortage and paying the interest bill. Your lawyer will help you do this.

He may not even reply. But if you send recorded delivery then when you take him to court he will get in a lot of trouble, particularly for restricting your access.

princeofpounds

Oh yes, as has been pointed out above, if there is little equity in the house then all your concern really is to get you off the mortgage so you are not bound to make any more interest payments.

So then I'd not worry about keys and lodgers, I'd just retain the lawyer and negotiate how to sell the house or for him to buy you out.

Tamazapan

ok great thankyou this is so stressful ive haad enough!! Ive got a solicitors appoinment on Tuesday of next week. Just feel like im hitting a brick wall.

DPX

Stick with it even if it stressful, the oproperty market will not always be this hard and eventually the house prices will com eup again and you could end up with good equity in the property. Giving up now will play right into his hands. Fight your corner, Sounds like you are better off without him anyway...