Splitting up Joint Mortgage

ellisel2003

My brother and his girlfriend have split up having signed a joint mortgage approx. 1 year ago. He paid the full £9k deposit and she contributed nothing and moved out of her own accord. As it’s a joint mortgage the lender won’t permit my brother to take on the mortgage independently. Consequently, in order to help my brother out to ensure he doesn’t have to sell it and therefore loose his deposit, my partner and I are moving in with a view to replace her name on the mortgage when my credit improves with a different lender. His ex girlfriend however is still a joint mortgage holder and therefore would she have any legal pout to kick us out even though my brother is still living there and has permitted us to stay? All the mortgage payments will be paid by me directly into his bank account including bills so her name is not connected to mortgage payments or bills etc. As the house is in negative equity she seems to be happy for us to live there so she doesn’t have to pay the mortgage or the associated costs linked to selling up. Would it be possible to get her to sign some kind of document which would confirm that my brother and ex girlfriend are therefore tenants in common in the ratio 99.99% (brother) and 0.01% (her). I want her to sign this before I move in so there are no legal implications where she could just throw me out as she is 50% on the mortgage, or demand some £ when her name comes off - I plan to completely redecorate and put a lot of money into the house. As she left of her own accord - paid no deposit and no longer pays the mortgage does she have any legal weight?
Many Thanks

opinions4u

See a solicitor.

It's her house. She has a potential claim on any equity and she does have a say on who lives there.

Mortgage payments made may end up, indirectly, in her pocket later on.

kingstreet

This is also posted on HBR&S so I suggest we use one thread or the other.

Jessikita1983

opinions4u wrote: »

See a solicitor.

It's her house. She has a potential claim on any equity and she does have a say on who lives there.

Mortgage payments made may end up, indirectly, in her pocket later on.

That statement is not technically true. If the brother and girlfriend hold the house jointly, with regard to trespass etc her word it not above the brothers. they are at an impasse