Help

shortbread

Hello have had issues regarding my partners house, this is still going on 3 yrs later.

He owns house with his ex....cut long story as short as I can.They split up, she wanted to leave and did so over 3 years ago. He stayed in house and has paid mortgage ever since, she hasn't paid a penny to the mortgage or to joint loan since she left. For 3 years she insisted she wanted it sold, even went to mediation to which she didn't bother turning up.

Partner hasnt been in house for about 8 months now as we manage a pub and live there but as we are still on probation till later this year our accommodation is not secure. My partner does not want to lose the security of his house that hes fought hard to keep the last 3 years.

Until recently she was still badgering him to sell then the other day he received a letter saying she wants to move back into house, she will pay the mortgage on the condition he pays the 10k joint loan...Hes struggling to see how this is fair as she wasnt willing to pay it when he had to pay the mortgage. Hes been paying the mortgage even though hes not been in it. He has recently let a friend move in until his house is sorted out...this family friend only pays the bills and looks after the house and fish pond etc...so the house isnt actually empty but as I said my partner still paying the mortgage.


His ex has said she is going to court to stop my partner going back to the house, can she do this? I know it is her house, but surely my partner has some rights seeing as his ex has ignored her legal obligations to the mortgage and joint loan for the last 3 years?

He does not want to lose the security of his house in case we lose our jobs any time soon and until we get passed the probationary period it is not secure.

Again am aware she has right to the house....all I would like to know is where does my partner stand legally and what are his options realistically.

He really doesn't want to sell the house as they wouldn't make anything from it, he is considering trying to get a buy to let mortgage in his own name???


Any useful information would be greatly appreciated.

Thanks

pinkshoes

If both their names are on the deeds, then they can BOTH enter the house.

When did they buy it?

Just sell it, and move on. A loss of money is nothing compared to freedom from the ex!

shortbread

Hi Pink Shoes.

They bought it back in 2007, she has never paid any money to the mortgage even when she lived there, it always came straight out of his bank account.

I know what you are saying....getting rid of the ex would be soooo ideal. However, he really doesnt want to give the house up, it was his choice to buy it and was he loves the house and fears he wont ever get back on the home owning ladder if he lets it go....but I so hear what you are saying

Thanks x

G_M

After she moved out and he stayed, did he pay her rent?

This mess will only be sorted once they sell. Get it valued and put on the market.

Pricivius

Do they own it jointly or as tenants in common?

Is the mortgage in both their names or just his?

Who paid the deposit?

What were their intentions when they bought it? If she has never paid the mortgage, was there any agreement as to what proportion she owns?

If they own it together, neither one can exclude the other without paying rent to the excluded party so if she wants to go back in it and exclude him, then she must pay him rent.

What I don't understand is what she thinks she owns if she has never paid the mortgage - what did they agree at the outset/what did they agree when they split and she left? What is she expecting to get if they did sell?

Vincent.waldorf

I would be interested in seeing how, legally, she can claim 50pc equity when (if) he resells the house. Did she put down some deposit?

It makes me sick when I read these stories of families and money!
hope it gets sorted out!

DVardysShadow

shortbread wrote: »

... His ex has said she is going to court to stop my partner going back to the house, can she do this?

I am sure she can say this and even that she could take it to court. But unless your partner does not defend any court application, I think she will have a job keeping him out of the property. Best to try and buy her out, I would think.

shortbread

Hi All,

They bought it together in 2007,they sold a house they had and used cash made from that to pay deposit. He was earning 39k a year and she was on about 15k. He always paid the mortgage in all they houses they had together as he had the big income she paid a few bills and bought food etc.

So they are both on the mortgage and joint owners, however I have suggested her now makes it into tenants in common after all it has been 3 years. He wanted to take the mortgage on in his name, but she refused as she wanted it sold assuming that they would get 62.5k each, she really didn't grasp the fact that they owe £114k and 10k to a joint loan. So when house sells at £125k they will still be in debt due to solicitors fees etc. There is no equity in the house because of the loan.

There was never any agreement as I guess as they had been together for so long he never thought about her leaving to be with another man.

She still seemed obsessed with selling it , but now she has decided that it will be a good investment for her and now wants back into the house because she may have realised that its not going to make her any profit as yet. My partner does not want to be tied to her any more and is considering a buy to let just to get a mortgage in his own name...could this be a possibility even if his new income is not good? He wont be able to take on the mortgage on his own now and is annoyed that when he could afford it she refused point blank.

It is really getting me down as she has caused nothing but bother and has cost us a lot of money over the last few years as often I've been paying the mortgage and loan and neither of them are mine.

Ideal solution would be to sell but she will not agree to that now because she knows she wont make anything, so now she wants in the house and he knows once she is in he wont get it back. My partner wants to keep this house as he sees it as his house and knows he probably wont be able to get back into such a nice house again due to how hard it is to get a mortgage etc. Its so sad to be in the middle of all this as it is getting my partner down as he has worked hard all these years to get this home and now she can just come along and take it from him. She walked away and told him she wanted nothing to do with the house and now suddenly she is causing this.

I understand she has rights because she is on the deeds etc....but its not fair when someone is so greedy and selfish that she wants to take this from him after totally ignoring her financial obligations for the last 39 months.

Emmzi

it is no one's home but the banks, there is no money in it. Any thoughts of it as investment are pure folly.

They would both be as well to sell and realise the loss now. At least they'll be free of each other and what price that?

angelsmomma

The op has a long thread on this from last year. The advice then is the same as the advice being given now. The problem is the op wants the house and won't consider selling it.

DVardysShadow

angelsmomma wrote: »

The op has a long thread on this from last year. The advice then is the same as the advice being given now. The problem is the op wants the house and won't consider selling it.

28-05-2011, 10:07 AM https://forums.moneysavingexpert.com/discussion/3259796
20-05-2011, 12:46 PM https://forums.moneysavingexpert.com/discussion/3243452
01-04-2011, 12:02 PM https://forums.moneysavingexpert.com/discussion/3147048
26-03-2011, 12:18 PM https://forums.moneysavingexpert.com/discussion/3134634
26-03-2011, 10:45 AM https://forums.moneysavingexpert.com/discussion/3134490