Ex threatening to force sale of house...help!

j0annepsi

My boyfriend put his ex on the mortgage when the y were together. She paid into the mortgage for that time but hasn't made a payment since they broke up (almost a year ago now).

She is now demanding the return of the money she paid in (under
5k) or she says she'll go to court to force the sale of the house.

My boyfriend can't afford the mortgage on his salary alone and the house is in negative equity so he can't afford to sell and can't take her name off the mortgage at present.

Is there any way she can force a sale? The way I see it, she received something in return for the payments she made - a roof over her head - and now owes as much in unpaid mortgage contributions as she is demandingfrom him!

We don't live together and have not been together long enough for me to consider getting added to the mortgage.

Can anyone offer some advice?

j0annepsi

I do not require input from a pathetic troll like you. Don't post here again, please.

bitsandpieces

If the house is in negative equity, the house isn't worth as much as the mortgage that's secured on it. Is the ex still on the mortgage? If so, she might actually be liable for some of the negative equity; hard to see how she expects any money from the situation.

If selling the house will generate no money then - even if the ex could force a sale - she'll get nothing out of it (the mortgage company will have a charge on the property and want paying first).

These situations can be complicated - might be worth speaking to a CAB or similar. If there were lots of equity in the property your boyfriend would be wanting legal advice. However, it's hard to see how fighting over a property with no equity in it would be productive for anyone involved - though your boyfriend should make sure he knows what he's doing before he lets his ex remove herself from the mortgage (if this is a possibility).

j0annepsi

I don't know much about mortgages, sorry - how can the ex just remove herself from the mortgage? Wouldn't my boyfriend have to take out a new mortgage, and he wouldn't be able to get one to cover the value of the house.

He wants to wait until the market picks up a bit before selling the house so they're not left with a debt. I'm concerned about him remaining financially tied to the ex in case she gets into financial difficulties and tarnishes his credit rating...

marliepanda

If she wants off the mortgage, then she is liable for half of the negative equity (in the same way she would be receiveing half the profit if the price had risen)

So if he sells and there is a shortfall of 10k, she needs to pay 5k of that.

If he cannot afford the mortgage on his own then he may need to downsize, BUT is it unlikely the ex will be happy to take her hit of the negative equity if she is wanting him to sell to get her contributions back.

She needs to be told that a house in negative equity means she currently has NO financial interest in it. She owes more money on the house than its worth, so doesn't really 'own' any of the house, and therefore has nothing tied up in it that she can currently extract.

If he cannot afford the mortgage on his own, then how can he not remain financially tied to the ex? (unless he sells and finds a property he can afford on his own) If she has moved out, and your partner lives alone, then her unpaid mortgage payments should be considered 'rent' from your partner to live there alone in her house. Not something that she 'owes' as she hasnt been living there.

missile

You say ex. Please confirm were they were married and are they divorced / separated and do they have an agreed financial settlement?

I would suggest your bf would be best to cut all financial ties with his ex. If he does not wish to buy her out, then his only option would be to sell and she is entitled to half the profit / loss. If he cannot afford to buy then I doubt he can afford to sell? He will need to raise the funds, possibly by a loan.

If she gets into debt, it is not only his credit rating he needs to worry about.

He needs to see a solicitor asap.

j0annepsi

Sorry - she's an ex girlfriend!

Thanks for all the advice, everyone.