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Advice wanted - partner 'trapped' in a mortgage she doesn't want
brummie_boy
Posts: 31 Forumite
Unsure if there will be anyone with a similar experience or any advice....but here goes.
My other half has been seperated from her husband for 3 years, and is just about to finalise her divorce (had let the matter lie, but recently has funded the divorce process herself to allow us to move on).
They have 2 children together and the situation is amicable, although he does not financially contribute anywhere near the amount he should.
He still lives in the home which they jointly have, with a sizeable mortgage and very little in the way of equity. My partner moved out at the time and rents privately, living with the 2 children. Her rent is more expensive than the mortgage payments.
In October last year, without notice - he moved his new partner and her children into the house. My other half made her objections known, and requested he apply for a mortgage to take the property into his own name (or theirs), so that she can move forward and her and I can look to buying our own home together.
He has refused to take any action, and up to today's date has not applied for a mortgage. His partner also owns her own house which she has rented out.
We would like to do this amicably, but are now forced with investigating the possibility of a forced sale, or her moving back in (to force the issue), or living with it indefinitely - which will prevent us moving on financially and purchasing a home together for our future, and leave her at risk to his historically poor approach to money.
She has never gone to the CSA about the lack of support he gives for their children. In addition, it is unclear whether his partner has notified her mortgage provider that she is letting the house out - which may be another bargaining chip to encourage them to do the right thing.
We are unable to fund a lengthy legal process, so would need to make any applications for a forced sale ourselves.
Any advice?
My other half has been seperated from her husband for 3 years, and is just about to finalise her divorce (had let the matter lie, but recently has funded the divorce process herself to allow us to move on).
They have 2 children together and the situation is amicable, although he does not financially contribute anywhere near the amount he should.
He still lives in the home which they jointly have, with a sizeable mortgage and very little in the way of equity. My partner moved out at the time and rents privately, living with the 2 children. Her rent is more expensive than the mortgage payments.
In October last year, without notice - he moved his new partner and her children into the house. My other half made her objections known, and requested he apply for a mortgage to take the property into his own name (or theirs), so that she can move forward and her and I can look to buying our own home together.
He has refused to take any action, and up to today's date has not applied for a mortgage. His partner also owns her own house which she has rented out.
We would like to do this amicably, but are now forced with investigating the possibility of a forced sale, or her moving back in (to force the issue), or living with it indefinitely - which will prevent us moving on financially and purchasing a home together for our future, and leave her at risk to his historically poor approach to money.
She has never gone to the CSA about the lack of support he gives for their children. In addition, it is unclear whether his partner has notified her mortgage provider that she is letting the house out - which may be another bargaining chip to encourage them to do the right thing.
We are unable to fund a lengthy legal process, so would need to make any applications for a forced sale ourselves.
Any advice?
0
Comments
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Why is he not taking action? I would have though he would want his ex off the mortgage so everyone can move on with their lives?
If he will not agree then yes, you could force a sale through the courts - Your partner will not need to move back in to make this happen.
Someone will be along shortly to offer advice on how to proceed.0 -
If you let the mortgage provider know about the other partner's rental situation I can guarantee it won't be very amicable anymore.
Is your partner still paying towards the mortgage and how much as a percentage of contribution (is it 50/50)?0 -
On the subject of taking her name off the mortgage you need to be aware that this is not just a case of telling the Lender you are not there and want to be taken off.
The Ex will have to apply to either the current lender or a new one in the form of a remortgage, if he has bad credit/lack of earnings/not enough equity then the lender may simply decline to allow her free of the mortgage.I am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Thanks both - agree that if we use that information, it is as a last resort only and would make the whole thing very painful for everyone.
He pays the mortgage and has done so since she moved out. She isn't looking to take anything out of the house, and if there is a shortfall on a sale then she would 'happily' take on 50% of it.
Our main task is to move on - as cheaply as possible for us, and as amicably as possible for the sake of her children0 -
On the subject of taking her name off the mortgage you need to be aware that this is not just a case of telling the Lender you are not there and want to be taken off.
The Ex will have to apply to either the current lender or a new one in the form of a remortgage, if he has bad credit/lack of earnings/not enough equity then the lender may simply decline to allow her free of the mortgage.
This is where the core of the problem lies - he needs to make the application, and even if he does - it may be unsuccessful.
However he has moved other people into the home, and she cannot live with that situation for the next 25 years.
Hence the potential requirement for her moving in / forcing a sale / etc0 -
She could let him know that she is planning on moving back into the house (as is her right). That should get things moving.0
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Finances are usually resolved as part of a divorce so if he is not in agreement or able to remortgage the house into his and his new partner's names then she should speak to her divorce solicitor.0
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Oops posted on wrong thread0
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Unfortunately, the divorce has been carried out without a solicitor (an attempt to keep things amicable and simple). My partner has paid for the whole process, to add insult to injury. With hindsight, this has probably been a mistake. However, just need to move things forward now.0
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Could he be unwilling because he knows he would not be able to take a mortgage out in his own name?
I would speak to a solicitor, or try and step things up a little. It sounds like your OH is the only one being amicable.
Do you know if his new girlfriend knows about the situation?0
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