Ex wants me to pay him for mortgage in negative equity

johnsomers10

sorry to keep asking all these questions but just one final question, aside from trying to get him removed from the mortgage, if i was unsuccessful with this , is there any other avenues i could down such as getting some legal paperwork drawn up stating he has no claim to any profit ?

kingstreet

Not that I know of.

In a recent case, a man absent for over ten years made a successful claim on the proceeds of the property he had abandoned to his ex-partner. It was 10% IIRC.

The only option is to force a sale of the property via a court order. Anything else would require the co-operation of your former partner.

kingstreet

I found it. Kernott v Jones.

Originally, he was awarded 10%, then it was increased to 50%. But this was overturned by a Supreme Court ruling about 12 months later.

http://www.guardian.co.uk/law/2011/nov/09/court-rules-property-rights-unmarried

johnsomers10

thanks so much for your help, i think my only options really are at this point apply myself and if declined apply with one of my parents as a second applicant.

kingstreet

Could be

johnsomers10

Frankly id rather have a sole mortgage but if its a choice between one with my ex or one with my parents, i think my parents are a better option lol.

ill keep it updated for the change parties for anyone asking this question again


Thanks everyone its been a great help

xxx

zzzLazyDaisy

johnsomers10 wrote: »

thanks so much for your help, i think my only options really are at this point apply myself and if declined apply with one of my parents as a second applicant.

Or possibly have one of your parents stand as guarantor (having them on the mortgage would also mean having them named as joint owner on the house deeds, which could potentially lead to CGT liability in the future).

johnsomers10

i looked into one being a guarantor but unfortunately as its a "together mortgage" from northern rock a portion of the mortgage is unsecured therefore they have said a second applicant is my only option, guarantor's are not accepted on that type of mortgage.