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Hi, I'm posting on behalf of my sister. She and her former partner bought an ex council house together several years ago. They split up 4 years ago and she stayed in the house. Since they split he hasn't contributed one single penny toward the mortgage, she has paid it all herself. She has moved on and wanted to have the mortgage in her name only. He agreed if she came up with £10k she wasn't happy but agreed and jiggled things about to come up with the money. He then said he wanted £15k so after a lot more hassle she has raised the funds and now he's refused saying he wants £20k! She has a child with the ex who he doesn't bother with nor has he paid maintenance for in ages. Is there anything she can do legally to force him to accept the money and go away? I think he shouldn't get anything as he's made hers and her child's life hell but she says she'd rather just pay him off! This has been going on since they split and she is reaching the end of her tether! Thanks

Comments

  • happybroker
    happybroker Posts: 1,301 Forumite
    legal advice is what she needs, if she's not careful he may be "entitled" in the eyes of the law to more than £20k but obviously the maintenance issue and backdating there of might influence him.

    speak to a solicitor is my advice.
    Happily an ex mortgage broker!
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Your sister has been rather niave - her ex is going to keep coming back asking for more and more money. She should have spoken to a solictor BEFORE handing over wads of cash to her ex to try to buy him out of the mortgage.
    "You were only supposed to blow the bl**dy doors off!!"
  • She has sought legal advice but as she has a new baby to care for she cannot afford to turn to him for everthing. Her ex either doesn't have a sol. or has a useless one who takes an ages to reply to her correspondence. The house is only worth about £100k and there is not enough equity to split things equally and him have £20k from it. She hasn't paid him any money to date, he just keeps upping his demand because he wants to mess her life up as much as possible. If she said she'd pay him £20k he'd say he wanted £25k! I just wanted to know if she can put and end to this situation legally (that any one knows of) or is this man going to be allowed to continue to play his stupid games forever? :mad:
  • happybroker
    happybroker Posts: 1,301 Forumite
    there are legal procedures to force him off the deeds to the property which are lengthy and expensive, the lender has the final say so as to wether he can come off the mortgage and will assess your sister against their leding criteria in her own right prior to giving that consent.

    If there is no equity in the property then he is entitled to nothing. If he tries to get a mortgage on his own then the fact that he already has one with your sister will cause him problems which might, in the future, have some influence on him.

    If he isn't going to play ball and your sister is struggling to afford legal representation then I'm afraid the situation isn't looking so good....does she not qualify for legal aid?

    Sorry it's not what you want to hear, just trying to be straight with you.
    Happily an ex mortgage broker!
  • amani_2
    amani_2 Posts: 604 Forumite
    edited 11 August 2009 at 8:50AM
    Hi mum2ellie I was in the same sittuation as your sister but I had 2 children. I got a solicitor i was entitled to legal aid, but as ive ended up with the house i now have to pay all the cost back. My house was in negative equity at the time I was told to get 3 valuations for the house, I had to show proof that I had been paying the mortgage myself for a number of years, I also had to agree that I would not claim any money for the children from my ex (not that I have ever had a penny). The house deeds were transfered into my name but the mortgage is still in both names, Abbey would not change this :mad:. My ex has no claim on the house anymore. It did take a few years for me as my ex could not be found.

    She might be entitled to legal aid has she asked? I hope this can be of some help to your sister.



    AMANI XXX
  • amani_2
    amani_2 Posts: 604 Forumite
    P.S. It took around 8yrs but as I said my ex could not be found. The cost was around £3,800, that also included a private detective to find my ex as I had to prove I had looked for him
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