complex situation,help needed?

bigjluk

my friend bought a house 8 years ago purely with his money,after his parents gave him their house(which was paid up,and he remortgaged),his girlfriend and HER 2 kids moved in with him,but he put her name on the mortgage.They lived there for 9 months,sold up,made £15k on it,and bought a property £35k more expensive,still as a joint mortgage.Therefore the mortgage increased as did the outgoings.Over time they remortgaged twice for large amounts,their relationship deteriorated and split up,with my mate being chucked out by her,and she took on the mantle of paying the mortgage,and loans.The house is worth about the same now as what it was paid for(although about 2k behind with payments).One of the loans was secured on the property(about 55k). my friend moved back into the house he remortgaged at the start(he has about 20k in equity in it). They briefly got back together and split up again,and she is now pregnant with his kid. Now she fears not being able to keep up repayments on the house and loans,as she is going to be off work,yet she wont contemplate renting it out ,or downsizing,as its her home.She is prepared to take him to court to get equity out of his house,where he is currently living.THE QUESTION IS CAN SHE ACCESS HIS EQUITY,OR FORCE HIM TO SELL????????????

ViolaLass

I've reformatted to make the post easier to read.

bigjluk wrote: »

My friend bought a house 8 years ago purely with his money, after his parents gave him their house (which was paid up,and he remortgaged). His girlfriend and HER 2 kids moved in with him, but he put her name on the mortgage.

They lived there for 9 months, sold up, made £15k on it and bought a property £35k more expensive, still as a joint mortgage. Therefore the mortgage increased as did the outgoings.

Over time they remortgaged twice for large amounts, they split up, with my mate being chucked out by her and she took on the mantle of paying the mortgage,and loans. The house is worth about the same now as what it was paid for (although about 2k behind with payments). One of the loans was secured on the property (about 55k).

My friend moved back into the house he remortgaged at the start (he has about 20k in equity in it). They briefly got back together and split up again and she is now pregnant with his kid. Now she fears not being able to keep up repayments on the house and loans as she is going to be off work yet she wont contemplate renting it out or downsizing as its her home. She is prepared to take him to court to get equity out of his house,where he is currently living.

My question is: can she access his equity or force him to sell?

You said she doesn't want to sell. How does she propose to get his equity out of the house if not by selling? If the child is his then she should contact the CSA or ask for maintenance directly.

bigjluk

dont know her direct intentions,she threatened to take him to court,and he is worried,can she claim on the house.also if the house was repossessed ,what happens with the loan secured on it.

ViolaLass

Threatening to take him to court for what?

If her name is on the mortgage, then it is presumably also on the deeds so she will certainly have some rights.

bigjluk

to try and force him to help her out on repayments on the loan,and mortgage

andy.m_2

Some women will be long soon to claim there was clearly mental abuse and all men are without fathers.....

You need professional advice, not the musings of a few keen amateurs

AMILLIONDOLLARS

Is he living in his parents house? I get the impression that he remortgaged his parents house and used the money to buy a house with his ex-partner. They lived in this new house sold up and purchased another expensive house, until she chuck him out. Now he is living back in the original house given to him by his parents, but she wants him to sell this house and give her some money out of this. Am I correct? or have I misunderstood the whole thing!!!

AMD

bigjluk

your 100% correct

ILW

If she is a joint tenant, surely she would be liable for 50% of any profit or loss on the sale of the property.

AMILLIONDOLLARS

I don't think she can demand that he sell his original house given to him by his parents. This property is completely in his name and she is not on the deeds. However, he is responsible for half the mortgage and debt on the other house, plus he has taken responsibility for her two kids and one on the way, regardless of how and why they broke up, he should give her some money towards maintenance and paying his half of the mortgage, she could apply for this through the courts.

AMD

Tixy

First property - the one his parents gifted - is this in only his name and had a mortgage but also £20k equity?
Second property - this was in both names at the end but was sold?
Third property - still in joint names, with joint mortgage - a bit of equity in it equivalent to the deposit put down? But also has a secured loan of £55k (presumably also in joint names), is this more or less than the equity?

I'd say she has no right at all to any of the equity in property one.

Can she afford to buy him out of property 3? if not then that property should be sold. If there is any equity after paying off the mortgage and the secured loan that should be split between them.
He then would need to pay maintenance to her.