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

GDB2222

Salvargio wrote: »

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.

So, who says it's in negative equity by £2,000, Property valuation is not an exact science and a 10% difference between valuers is considered perfectly normal. So, if you add say 10% to your valuation, is the house in positive equity and by how much?

He has no obligation to sign over his half-share in the house to you for nothing, and you can't make him do so. That's especially the case if he thinks there's some equity there.

I must say that if the lady is still living there and he's not then it's pretty obvious that she should pay all the outgoings. You seem to be an astonishingly (in fact unbelievably) nice guy to be paying the mortgage for her if you are not living there.

Salvargio_2

so you just suggest the place goes into arrears and they have the place taken from them?

pinkshoes

I would suggest they put the house on the market, sell it, and split any equity/debt between them.

£10k each isn't a "massive" amount, and life is far too short to spend it bickering over things like this.

Sell and move on.

Could she not get a job in the evenings to help pay off any negative equity, then her OH could look after their child?

GDB2222

That's not a great solution, Pinkshoes. The girl needs somewhere to live anyway, and it's better for the child not to have too many changes. By selling now, it seems they crystallise a penalty on the mortgage which just adds to the negative equity. There's also the selling costs etc. The OP said there's only £2k of negative equity if they don't trigger those extra costs.

That £2k is a very uncertain figure, because I doubt that anybody can value a house so exactly. If the house turns out to be worth £10k more, then there's £8k of positive equity. If the previous partner thinks there's positive equity, I'm not surprised that he's sticking out for his share of it.

betti911

Do you really want to enter into this mess GBD? While I feel for your girlfriend this really is her problem to sort out and perhaps you being in the picture may cause more problems with her ex than benefits. Has she no family who could help her? Could your girlfriend and her former partner rent the property until the tie in period in the mortgage is over?

silvercar

If you and your GF take over the mortgage then that implies (and certainly the mortgage lender will expect) you to be living in the property. If you do intend moving in then that will effect her benefit situation......

Fire_Fox

G_M wrote: »

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....

Maybe he should have thought with his brain instead of his ....?

Fire_Fox

GDB2222 wrote: »

I must say that if the lady is still living there and he's not then it's pretty obvious that she should pay all the outgoings. You seem to be an astonishingly (in fact unbelievably) nice guy to be paying the mortgage for her if you are not living there.

I'm starting to think this lady must be exceptionally good in the sack!

GDB2222

betti911 wrote: »

Do you really want to enter into this mess GBD? While I feel for your girlfriend this really is her problem to sort out and perhaps you being in the picture may cause more problems with her ex than benefits. Has she no family who could help her? Could your girlfriend and her former partner rent the property until the tie in period in the mortgage is over?

Not me! I'm steering well clear.

poppyg_2

Quote:
Originally Posted by 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....

This post indicates that you feel everything in the OPs girlfriend's life is fine and dandy. The OP said the ex left of his own free will, giving me the impression that actually perhaps he ditched his gf and toddler. Of course he has a legal obligation to contribute towards the mortgage if his name is still on it, aside from the fact he should want to keep a roof over his child's head. I think he should be very grateful that he is getting the chance of a fresh start - as for wanting money to be taken off a mortgage to a house which likely has negative equity i'd tell him to go and scr*w himself!!!!!!! If he refuses to be taken off the mortgage with legal support this can still be transferred into her name as she is living there.

It appears some people are being quick to judge the circumstances that the OP and his girlfriend find themselves in - comments regarding what she is like in bed are not helpful nor are they relevant to this thread, have some sensitivity please guys.

The OP and his girlfriend need some proper legal support regarding the house, she surely must quality for legal aid if she is on benefits. It might be that after seeking professional advice selling the house would be best to allow everyone to start again and i'm sure the CAB would be able to offer help regarding the potential debt the OPs girlfriend would be left with so it might be worth giving your local branch a call.

The OP has not explained why he is not living with his girlfriend but is contributing to her mortgage and whether he wants to go into this or not is his business but sounds to me like he deserves praise for supporting his girlfriend through this 'mess' and for coming onto this forum to ask advice on her behalf :A