Being forced to sell

Lord_Nutter

My girlfriends brother split up with his partner in 2008. His ex apparently has a 1% share of the mortgage and he has the rest. She has been making threats about forcing him out for the past year or so. He has now received a letter from her solicitors saying he will need to sell the property.

Would there ever be a case where this is actually allowed? I'm only asking here because I know he just will not doing anything about it, and would be foolish enough to not even contest such matters. He has a 105% mortgage and has said he would end up going bankrupt as he'll never receive back what he paid for it.

Gwhiz

~Suggest he gets legal advice. Too important to rely on responses from strangers on an Internet forum.

BitterAndTwisted

I'm assuming that the g/f has been contributing to the mortgage payments since the split and that she has the funds to cover her 1% of the loss on a sale?

An alternative might be for her to surrender her 1% share of the negative equity by making payment to him once the property has been valued.

poppysarah

How's she got a 1% share?

BitterAndTwisted

Put in 1% of the original deposit and made 1% of the mortgage payments?

Lord_Nutter

From what I have been told, they couldn't get the mortgage without her taking on the 1% share and she hasn't ever made any direct payments to cover her share. I think they came to an agreement she would just pay the council tax. She moved out in Nov 2008 and has basically just been looking to screw him over ever since. Now he has a new girlfriend and she moved in with her 2 kids, this is where this action/jealousy has come from.

kitty_cat_2

I would suggest that the brother has the house valued to find out if has increased or decreased in value. With a 105% mortgage this would indicate that there is the possibility of negative equity??? Legal advice should be taken. With a 1% share of the house it may be that the ex g/f would be the one owing money??

mynameisdave

She owns a 1% share of negative equity? So by forcing him to sell she would be responsible for 1% of the shortfall and it will cost her money?

From the limited info we have on her she sounds a little spiteful to say the least. Legal advice would be the best thing!

Lance

If she is on the mortgage you will probably find she has a 100% share as parties are jointly responsable and can be pursued by the bank. He should get some valuations and if below the remaining mortgage tell her she can have half the debt instead of 1%. Sounds like she is be trying just to get off the mortgage but the bank won't let her so she wants a sale with him swallowing the loss and her free to get a mortgage. She wants her freedom and is tied up in a negative equity situation.

DVardysShadow

Lance wrote: »

If she is on the mortgage you will probably find she has a 100% share as parties are jointly responsable and can be pursued by the bank. He should get some valuations and if below the remaining mortgage tell her she can have half the debt instead of 1%. Sounds like she is be trying just to get off the mortgage but the bank won't let her so she wants a sale with him swallowing the loss and her free to get a mortgage. She wants her freedom and is tied up in a negative equity situation.

Yes, this sounds a very reasonable explanation. This possibility should be explored before going down the road of dealing with her as a spiteful cow.