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Mortgage Issues

Richardtkmk1978
Richardtkmk1978 Posts: 6 Forumite
edited 2 April 2012 at 1:06PM in Mortgages & endowments
Hi I have a few mortgage issues. My ex partner with whom I share a mortgage has moved out of the house we share and is refusing to make any payments towards our mortgage.
We are trying to sell the house however we have discovered some subsidence on the house that needs fixing.
The issues are, I am struggling to make the payments on the house on my own, we are on interest only now, but this ends in a months time. Also the excess for fixing the house is £1,000 and it will take 6 months to complete.
I am currently with Accord Mortgages on a SVR of 5.99% which is very high, however, my ex is refusing to move the mortgage onto Nationwides 3.29% 5 year tracker with no early repayment charges and she is also refusing to pay any of the £1,000 excess on the house insurance to fix the subsidence.
My question is will I be able to ask for a payment break for a few months on the mortgage? I assume a mortgage company would allow that knowing that the house will be sold in 6 months and they will get their money back. Also, I have been paying the mortgage for 6 months on my own, am I legally entitled to reclaim half of this money back from my ex when the house sells, the same goes for the £1,000 excess?

Comments

  • ACG
    ACG Posts: 24,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Yes you are legally allowed to reclaim half the cost of the mortgage back from her - presumably she wants half of any profit too.

    Go and see a solicitor, you can force the courts to make her payout half of what she owes and make up any missed payments.
    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.
  • mic200202
    mic200202 Posts: 171 Forumite
    Ultimately,she will pay her way and that's that.She can do it the hard way and involve herself in expensive legal costs or the easy way and agree with you on a way forward.But she is jointly liable with you for the mortgage debt.If you are on interest only with Accord it it highly unlikely you would be able to remortgage to Nationwide on the same basis as most lenders will look for evidence of a repayment vehicle.Better to stick with it and get it sold.
    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 advice.
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