My Partner and Ex both on Morgage with child envolved what are her rights?

Salvargio_2

Hello I hope someone can be of help?

My girlfriend and her ex currently have a shared mortgage and we are trying to find a way around this, we have been in talks with the mortgage provider and been through the necessary stages for change of parties and she and I have been excepted to take over on the basis that he signs the letter from our solicitor. This he said he would do if we give him the sum of £5500 otherwise he want to sell.

The selling option would leave a grand total of £20,000.93 to be paid (with the property currently in negative equaty along with selling fee's)

What i would like to know is would my girlfriend have to pay half of this or would he have to pay it all baring in mind she has his two year old son living there with her without any contributions for him from her ex, and they would also be on benifits and unable to afford to pay half of the £20k?

Further notes that may be worth adding is that he moved out on his own accord.

i would really appreciate any help with regards to this.

many thanks in advance.

Stuart

not_tonight_josephine_2

Why does she have to pay him £5500 if the property is in negative equity? Sounds a bit unfair to me! From what you say it sounds like if they sold on the open market he'd be liable for a debt of £10k (his half of the negative equity etc), so why does he feel he is entitled to any money if he sells to her instead (which he is effectively doing if the house is transferred to her)?

I think I'd be tempted to call his bluff and put the property on the market if he doesn't agree to sign the property over for nothing. By rights he should be buying his way out.

And I'd also take some professional advice re child maintenance etc - does he work? If so he should definitely be contributing!

olly300

The maintenance issue is separate from the house issue. Also who moved out or got chucked out is no longer relevant in this day and age especially as they are not married.

As the property is in negative equity there should be no reason for you to pay him any money. In fact he probably is liable for solicitors fees etc to get his name off the property.

Depending how the mortgage was set up, if the property was sold he could be chased for all the money as the other party has none. However if he disappears your partner could be liable for all the money owed.

Regards to the maintenance - yes he should be providing enough money for the child's needs including the cost of accommodation but as the couple weren't married it complicates matters.

Salvargio_2

Hello,

thanks for the advice.

yes he is working and we will be getting advice once this is all resolved.
having looked into this online it seems if the property sells she will not be in a position to pay for any of the above fees as it will just be her and her son on benefits and therefore he will be responsible for all costs and the repayment of the negative equity?

Salvargio_2

also worth mentioning he has not paid the last four months mortgage payments and we have sufficient proof to show that she (and myself have been paying) this the mortgage provider have seen

not_tonight_josephine_2

Salvargio wrote: »

Hello,

if the property sells she will not be in a position to pay for any of the above fees as it will just be her and her son on benefits and therefore he will be responsible for all costs and the repayment of the negative equity?

I don't think it works like that I'm afraid - if they have a joint mortgage then they are both liable to the mortgage company for the full amount of the negative equity. If the ex is working and your partner is on benefits then they will probably go after him primarily as they'll have a better chance of getting money out of him, but they could keep chasing her for years to come.

Fire_Fox

I'd threaten the ex with your girlfriend going bankrupt - not saying actually go through with it - assuming this is a joint mortgage he will then be liable for the full £20K of debt. I'd also immediately start the process of chasing the ex for maintenance as this can take a long time to get sorted with someone who is difficult. Once he realises he will have to pay maintenance and could be chased for the full £20K he might see sense. Note that bankruptcy does NOT always mean losing your home, especially not if there is a child involved and negative equity.

GDB2222

Umm, if she is on benefits but you are living with her, that would affect her entitlement.

As others have said, there is no fairness about him demanding money to get off the mortgage. However, you can't force him to do this. If you simply stop paying the mortgage, eventually the lenders will start repossession proceedings. Quite frankly, paying him something to play ball may be your cheapest and best deal.

Don't forget that if the value of the property is over £175k there's stamp duty to pay. Also, why do you want to tie the millstone of somebody else's negative equity round your own neck?

tek-monkey

Agree on the maintenance thing,my GFs ex husband still wont pay a penny and only sees his son for a few hours a month, CSA seem completely unable to do anything and have been like this for 5 years!

Also yes, if you live with her then her benefits are affected. If she has not disclosed this yet the gov see you paying the mortgage, she could be in a spot of bother.

Salvargio_2

I am not living with her.

The reason for applying to take over the mortgage is due to the mortgage being in negative equity by roughly £2000 the reason for the £20k is down to selling fee's and ending the mortgage early, we wouldnt have any plans to move in the near future.

G_M

So this guy has legal liabilities to pay for a mortgage on a house he doesn't live in. He presumably also has to pay rent. He's lost his child, and his partner is happily embarked on a new relationship and planning to set up home (his home to boot!).

OK - now I'm in the firing line, let's see who has a cocked revolver....