Having ex evicted to take on the mortgage?

Bexbox2

Hi

Bit of a weird one this but I need some advice...

I left my ex (not married) 18 months ago and he stayed in our joint mortgaged property. I am still on the mortgage with him purely because I haven't had the money to pay the legal fees to have my name taken off and to walk away. The property is just out of negative equity therefore there's nothing to be gained by either of us really.

He's just called me to tell me he has to have a knee operation in a month and afterwards will be unable to work for 6-12 months. He is self employed and therefore can't pay the mortgage.

He says 'they' who are probably the mortgage company? will pay 50% of the mortgage for 6 months but he will be unable to pay the remainder therefore he will be evicted and re-housed by the council.

Obviously if this happens they will come after me too as my name is still on the mortgage. What ever happens he needs to have no choice and to be made homeless otherwise he won't get a place from the council.

What are my options? I have no mortgage myself apart from this one and the only assets I have are a £3k car and £1k motorbike. Are the mortgage company able to take these from me and declare me bankrupt too?

Am I able to take over the morgage and have him evicted to enable him to get his council place?

I really have no idea...please help! :cool:

holly_hobby

I presume, as you don't reside at the property, that you don't wish to increase your contribution whilst your ex has income issues (to avoid repo) - which would be the simplist solution. (you could come to an agreement as to how your increased contribution could be reimbursed)

So (assuming your sole income is sufficient), what about taking his name off the mge, you essentially making him homeless by asking him to leave (which I assume is what he needs to obtain emergency social housing) and you moving back into the property as your main res & taking over full mge payments ?

Otherwise, leave things as they are, and put it on the market to sell before it gets to repo stage ?

The problem with repos, is that should the property at sale fail to fully redeem the mge & costs - then the lender will continue to pursue all mortgagors for the shortfall (pretty sure 12 yrs for mge related debt, whilst standard CCA regulated is 6 yrs). In addition to your mge credit record being destroyed as subject to a repossession.

I would endearvour at all costs to avoid being reposssessed - the fallout from which can be long lasting and far reaching ..

Hope this helps

Holly

roonaldo

Sell the property, surely thats a no brainer.

snugglepet20

First of all your ex needs to rethink his strategy, the council will not re-house him as a priority if he is a single adult male. They will leave him to fend for himself unless he fits into a catagory of extremely vulnerable people like a child leaving care or has a serious mental health problem. However he can still go on the normal waiting list or find private rented.

You can do the name change and it is probably the best option if the mortgage is currently up to date. When I asked it costs about £185, either get yourself taken off so he is fully liable or get him taken off and ask him to leave, you don't need to formally evict him in court but he might ask you to write a letter to take to the council stating that you have asked him to leave to help with his housing request.

TrickyDicky

You are both liable for the whole mortgage. It is not as simple as "taking your name off the mortgage" - one party has to be able to afford the mortgage on their own (which appears not to be the case here) and there usually has to be sufficient equity.

I think your only solution here is to sell up.