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Mortgages

naturalsuperwoman
naturalsuperwoman Posts: 31 Forumite
edited 5 July 2012 at 3:42AM in Mortgages & endowments
My ex partner and I split up 1 year ago. During that time I have lived in the house that we jointly owned with his father. Up until last month we have both been paying half of the mortgage.

He has now stated that as I live in the house, I need to pay the whole mortgage as he can no longer afford to contribute as he is not benefiting from the property and he rents a flat in London. He also states that I cannot move out from the property unless we agree to sell or rent it out and that I am liable for it.

The mortgage term was for 10 years and was interest only. The mortgage doubled in May and is due to increase again in September.

My questions are as follows:

1. Who has liability for the mortgage on the property?

2. Can he actually stop me from moving out?

3. Have I set any type of precedent in law by living there for the past year? (Please note, I didn't want to - I couldn't afford anywhere else)

4. Due to personal circumstances, I will no longer be able to afford to live in the property from end of August. What action can I take?

Also, can anyone give me any general advice about the situation?

Thanks

Katie

Comments

  • ACG
    ACG Posts: 24,626 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    He cant stop you moving out you are also BOTH liable for all of the mortgage. If one of you stops the other than has to pay all of it - if you dont it goes on both your credit reports.

    You can take him to court to force the other half, however if he cant afford it, then no judge would enforce it.

    Charge his dad rent?
    It looks like you have no option but to sell or rent it out - but why you want to rent out a property you own with your ex is beyond me...although stranger thing shave happened.

    I would be telling him his letter is a load of ....... and would never stand up in court so you still expect his half to be coming in whilst you arrange to sell otherwise you will take him to court for his half.

    He cant just decide something and then say you have to do it. Otherwise you could just send another letter back.

    3) No you havnt.
    4) Sell it.
    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.
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