Joint Mortgage - Ex is now refusing to pay half

eastview1

AircraftHandler wrote: »

I understand what your saying and i know i will have to pay it even if she doesnt but i was wondering if there was anything in place as it was a joint mortgage so we both have to pay.

If i pay for it all and her name is still on the mortgage she is still entitlet to half the property? is there any way that if i agree to pay the mortgage she will wave her right to half the property?

Also the income from the rent will be divided equally and i have a lettings agent coming on friday to sort this out.

Many thanks for your help.

I was in the same situation, i was told we would both have poor credit if we defaulted, my ex didnt care so I took it on myself, but I drew up a consent order with the court via a solicitor stating i would take on the debt but she would have no further claim to it.

Hope this helps

goslm1

Hi
I have been in this position, dont worry about paying and her having any claims on it, just make sure you keep records of payment and if you have these you can prove what you have put into it. She will only be entitled to payments she has actually made and she will have to prove that not you. It is a horrid position to be in but it will ease and unfortunately they will go after the person the can reach easily so do not listen to people who tell you that you are 'jointly' responsible. Good luck.

Thrugelmir

AircraftHandler wrote: »

As the house is in £10,000 neg equity am i entitled to ask for half the neg equity (£5000) plus half of what she has taken out of the house?

Unfortunately not.

monneyspinner

I'm in same situation and agree it's rubbish, however being Adult about it and maintaining your credit record will outweigh the frustration in the long run. My ex does not have any bankruptcy or indeed in a vulnerable position, he has just spat the dummy! Hold your head high, keep records and notify the lender

pammii

Yep moneyspinner, same as mine!!

I have been to court and now have a suspended repossession order so that I can pay the mortgage and a small amount towards the arrears. My ex has never told them his new address and although I did they cannot send him any correspondence because he didn't supply the information himself, so he didn't even know about the court hearing or the fact this arrangement has been made. It is correct that with a joint mortgage both parties are jointly and severally responsible and if only one can be contacted then that one is held responsible for paying. As I want to stay in the house it is in my interest to co-operate with the mortgage company. I now have to get further legal advice regarding his name coming off the deeds.

joe_c

My partner and I have split up. He has moved out and is refusing to pay his half of our joint mortgage. The mortgage is about 50% of value the property . I have a buyer willing to buy the house at the mortgage cost then rent the house back to me. Do I need my ex to consent to the sale? His refusal to pay will result in payment default and I could lose the house all together as I cant afford the repayments by myself. Any advice would be appreciated.

Annisele

joe_c wrote: »

The mortgage is about 50% of value the property . I have a buyer willing to buy the house at the mortgage cost then rent the house back to me.

Apart from any issues with your ex, why would you agree to that? It doesn't sound at all a good deal for you. Is your potential buyer aware of all the sale-and-rent-back regulation?

But as to your question - if the house is jointly owned, then you can't sell it without either your ex's agreement or a court order.

Why can't you just sell on the open market for the full market price?

Morgage_Confused

Please dont go ahead with the offer....its complete rubbish. You need to seek proper advice.
DO NOT sell the house at mortgage cost. Thankfully you would need your other half's consent and hopefully he wont agree.

zzzLazyDaisy

There are laws about sale and rent back - google them. But in any case, yes you will need your ex to sign the papers if he is a joint owner, and the solicitor will be obliged to remit his share of any net equity directly to him.

Caladan

You're both liable for the debt.

She COULD sign the deeds over to you and still remain on the Mortgage (Most lenders are fine with this as she is still liable for the debt) but that's basically a no-win for her (she still owes the money and no longer has a claim on the property) so it's unlikely she'd agree to it.

Sadly this is probably one for the divorce courts, if you can show you're the only one contributing to the costs of the property they may state that you're entitled to a higher share of any proceeds.

As to the £10k negative equity question, I suspect (I'm no lawyer) you have no case there as until the house actually sells it not really 'worth' anything.