In need of some good advice

claire-marie17

Hello everyone,

Im a bit new to this, any help would be really appreciated as this is constantly at the back of my mind.

I took out a joint mortgage with my ex partner just over 2 years ago. It was a Barrats home and they own 25%, we got the mortgage for 75%. It was all going swimmingly, until we sadly broke up, he took my keys etc. Since then i have awful trouble communicating with him, he wont talk, or reply to my solicitors letters.

So my name is still on the mortgage and ive tried going to citizens advice, going to solicitors (done as much as i can but cannot go furthur due to financial reasons), mediation etc Nothing is happening. Its very depressing as it has been going on for a while now. Im back living with parents, but really need to move out and rent somewhere soon due to lack of space.

I paid the mortgage for 7/8 months after leaving the property, but then just couldnt afford to pay anymore due to my own living costs, and i thought this would make him talk to me, but it has not. I understand that i am liable if anything goes wrong, missed payments etc. I ring the mortgage company monthly to check it is being paid.

Anyone have any ideas on what i could do? I really need your help.

Thrugelmir

Is the mortgage being paid in full every month?

Is the mortgage a repayment or interest only one?

holly_hobby

Have you tried to talk to him to have your name removed from the mortgage (released from liability), and he has refused ?

(by the way if he did agree, the lender would only release you if his income was sufficient to service (pay)the mortgage on his own).

If he refuses to discuss removing you, or the lender won't release you due to affordability issues from his side - the only solution is to sell the property, either by mutual agreement - or by court order.

Any arrears will be payable to the lender from the proceeds. The rest of the equity you could divide equally or elect (to sweeten him to go to sale) to give your share either all or partially to him (together with the payments he has met on his own to be really fair).

If he won't discuss the matter with you - legal channels are the only route I'm afraid...

With regards to buying yourself, and leaving things as they are with your ex, your income would need to be sufficient to service both your existing mge and your new one.

Hope this helps

Holly

claire-marie17

Thrugelmir wrote: »

Is the mortgage being paid in full every month?

Is the mortgage a repayment or interest only one?

The mortgage is being paid in full every month, and is repayment.

claire-marie17

holly_hobby wrote: »

Have you tried to talk to him to have your name removed from the mortgage (released from liability), and he has refused ?

(by the way if he did agree, the lender would only release you if his income was sufficient to service (pay)the mortgage on his own).

If he refuses to discuss removing you, or the lender won't release you due to affordability issues from his side - the only solution is to sell the property, either by mutual agreement - or by court order.

Any arrears will be payable to the lender from the proceeds. The rest of the equity you could divide equally or elect (to sweeten him to go to sale) to give your share either all or partially to him (together with the payments he has met on his own to be really fair).

If he won't discuss the matter with you - legal channels are the only route I'm afraid...

With regards to buying yourself, and leaving things as they are with your ex, your income would need to be sufficient to service both your existing mge and your new one.

Hope this helps

Holly

Thank you very much for your help.

He has refused to speak to me about anything. Ive tried suggesting he maybe take on the property on his own, with his new partner, or selling, but never hear anything back.

I think selling would definitely be the best option, its just getting him to do so, and hearing through mutual friends he doesnt want to give the property up.

As with buying myself, i dont want to make that mistake again. I just mean renting for the time being!

holly_hobby

If he doesn't want to remove you from the mge and buy you out or sell the property ... tough on him - because we are not going to let him get away with it .. so there !

If it were me, I would not want to be legally responsible for the repyment of mge on a home I no longer live in ... and don't forget he effectively threw you out (sorry if that sounds harsh !), as he took your keys from you.

By the way you do know that you have full legal access to the property don't you ... and could to be arsey get back in there just to well and truly damp his squib !!! (ooh I'm so mad on your behalf right now :mad: .... !!!!)

Anyway I digress, if this were myself I would be straight down to my solicitors and put the wheels well and truly in motion to get you removed or the property sold - I might even ring the mge lender and tell them I don't live there anymore ... and that you want a 2nd copy of any mge documentation, statements etc .. sent to you current address.

This would really have me hoppin' .... and I would just have to get my own back (sorry .. ) I mean way

I recognise you said funds are a bit tight for legal fees ... it would in my opinion be worth saving hard as if his lordship decides he doesn't want to pay the mge, then the resulting adverse backlash of missed payments, poss repossesion will really hurt your future changes of a mge indeed any credit ... could Mum & Dad help with a temp loan (I know sorry if thats a bit nosey ... I mean might be an idea to float the idea with them, and you could repay them when you (hopefully) get some equity from the property on sale)

Keep your chin up ... there is always someone here to help ..

Hope this gives you some guidance

Holly

silvercar

Even if he was in agreement, the lender may decide he doesn't earn enough to take over the mortgage on his own. The lender has the right to refuse to release you from the mortgage. In this case the only other option is to sell the property or for him to get a mortgage elsewhere in his name alone.

holly_hobby

silvercar wrote: »

Even if he was in agreement, the lender may decide he doesn't earn enough to take over the mortgage on his own. The lender has the right to refuse to release you from the mortgage. In this case the only other option is to sell the property or for him to get a mortgage elsewhere in his name alone.

Valid point ... already discussed in post #3

Holly