I'm out of ideas re: Mortgage & Co-habitting law (long post, sorry)

Lost_and_down

Hi everyone,

As the title suggests and my user name, i'm struggling with this quite a lot, and have no idea how to rectify the situation.

I split with my ex-fiancee. We owned a house, jointly, with a joint mortgage. At the time of split i moved out and wanted to sell the property, my ex did not and wanted to live there. Benefit of doubt given and i said ok.

Anyway to cut a long story short, she moved her family into the house and has subsequently become unreachable for communication, i have tried everything, phone, email, go round to the property...nothing. The mortgage is now in arrears. She has agreed all kinds of deals with the bank on numerous occasions to renegotiate terms, that have been done successfully (without my prior knowledge!, i just get the confirmation , which i respond to stating my situation and that if worst came to worst i would like the property repossessing, just to move on and rebuild my credit score)

My predicament is this, is there anything i can actually do regarding the situation. Obviously my ex and her family want to refrain from having the property being repossessed but ultimately cannot afford to stay there, so they will draw the process out for as long as possible. They are obviously unwilling to sell the property either. I cannot agree a plan going forward as the third party is unreachable and i have been left with this situation. I don't even believe my ex lives at the address now, just her family!!

I have made clear on several occasions that i do not want anything to do with the house, but the bank seem reluctant to repossess the property.

The situation is beginning to make me ill and have already tried legal advice to sort the problem out. But due to co-habitting law i have no legal challenge other than to try and force a sale...however i don't have the funds to try this route.

I really think i have exhausted all of my avenues, which is why i'm making a plea to the MSE community, has anybody been in this situation before and how was it remedied? or does anybody have any advice at all, please.

Sorry for the long post, i just needed to try get some advice as the bank are unwilling to help me (thanks RBS!) :mad:

Before this i have had a good credit history, this is the first thing to happen and it feels like i've been royally stitched up

Currently i am waiting for the bank to get back to me after another mortgage default and another call from me saying i would like the property repossesed.

Any help would be gratefully received

Lost & Down

Thrugelmir

Lost_and_down wrote: »

Sorry for the long post, i just needed to try get some advice as the bank are unwilling to help me (thanks RBS!) :mad:

I'm unsure as to what you expect the RBS to do. As until the mortgage is defaulted on upon they are unable to take action themselves.

All you can do is wait for events to unfold. As forcing a sale is the only real option you have.

Mojisola

Lost_and_down wrote: »

Anyway to cut a long story short, she moved her family into the house and has subsequently become unreachable for communication, i have tried everything, phone, email, go round to the property...nothing. The mortgage is now in arrears. She has agreed all kinds of deals with the bank on numerous occasions to renegotiate terms, that have been done successfully (without my prior knowledge!, i just get the confirmation , which i respond to stating my situation and that if worst came to worst i would like the property repossessing, just to move on and rebuild my credit score)

I would be kicking up a fuss about this! How can they come into an agreement without you?

Wickedkitten

If you have a joint mortgage, then surely she would need your signature for any arrangements. Mind, are you sure you want them to push for a reposession? You both would be jointly responsible for what could end up being tens of thousands of pounds. You should really see about getting a consultation with a solicitor.

CloudCuckooLand

What have you been quoted as the costs for forcing a sale ?

Better a couple of thou now, than tens of thou later...

getmore4less

What about moving back in, it is your house.

As others have said kick up a fus about the "deals" being done.