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split from partner house now in negative equity

My partner and I bought a house together in 2007 when the house prices were high. We split up 4 months ago. She stayed in the house and has been paying the mortgage and I moved back into my parent.( paying them rent)

The house is in negative equity of about 20k and she is now saying she cannot afford to stay in the house.

I cant afford the mortgage and have a bad credit rating so will not get a mortgage.

Can someone here help with advise,
what happens if she sell, who is liable to buy the negative equity to the lender
what happens if I cant afford to pay

Comments

  • 80schild
    80schild Posts: 240 Forumite
    Best case senario is that the lender will convert the negative equity into an unsecured loan and let you pay it off at an affordable rate
  • You moved out and stopped contributing to the mortgage payments? If so, I'm not surprised that she can't afford to make the payment on her own.

    If the property definitely has to be sold, then the two of you are going to have to come up with the negative equity somehow. You might be able to convert the neg equity into an unsecured loan but don't forget that you'll also need to come up with money to pay the agent's fee and the conveyancing as well if you sell. If you can't convert the neg equity into an unsecured loan the lender will come after you for the money and will do so for the next 12 years. They are very, very patient but persistent.

    Any chance that the property could be rented or your ex maybe take in a lodger to make up the mortgage shortfall?
  • You moved out and stopped contributing to the mortgage payments? If so, I'm not surprised that she can't afford to make the payment on her own.

    If the property definitely has to be sold, then the two of you are going to have to come up with the negative equity somehow. You might be able to convert the neg equity into an unsecured loan but don't forget that you'll also need to come up with money to pay the agent's fee and the conveyancing as well if you sell. If you can't convert the neg equity into an unsecured loan the lender will come after you for the money and will do so for the next 12 years. They are very, very patient but persistent.

    Any chance that the property could be rented or your ex maybe take in a lodger to make up the mortgage shortfall?

    The agreement was i moved out with nothing but my clothes and she paid the mortgage.

    not sure about renting it out would the lender allow this. I am sure she would not get a lodger as she has a child from a previous partner.
  • What happens if I pay up my share of the negative equity and she does not. Am I liable for that to. We live in Scotland
  • You can agree anything you like between the two of you but if you're on a joint-mortgage you are both equally liable for all of the mortgage payments, just as you are both equally liable for the negative equity.

    If she defaults on the mortgage payments and the property is repossessed the lender will come after both of you and take the money from whichever one has any. She is likely to be able to make a better case for not being able to afford that than you can as you're not supporting any children.
  • porter0954 wrote: »
    What happens if I pay up my share of the negative equity and she does not. Am I liable for that too? We live in Scotland

    There is no such thing as a "share" of the negative equity if you have a joint-mortgage. As my brother-in-law found out the hard way.
  • The technical term is "jointly and severally" liable.

    i.e. together and individually...
    Act in haste, repent at leisure.

    dunstonh wrote:
    Its a serious financial transaction and one of the biggest things you will ever buy. So, stop treating it like buying an ipod.
  • Can she not get a lodger to cover half the rent?
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