Ex lives in our marital home - i pay mortgage!

adamkm

Hi

Im hoping someone can give me some advice.

I split up with my ex husband and moved out 12 months ago. I rent a 2 bedroom flat and also pay ALL the mortgage on the house. Trouble is he still lives in it and pays nothing for it. The mortgage is a joint mortgage capital and repayment. There is about 18k difference between the valuation and outstanding mortgage.

Its been on the market and not selling so far but im paying £950 a month for the house and my flat (500 mortgage and 450 for my flat) i cannot keep this up its not possible.

Im stuck, i cant afford to not pay the mortgage and ruin my credit rating, he doesnt care about his. I cant force him out and i he refuses to pay a penny towards.

What do i do ? my solicitor that is dealing with the child custody (3yr old) and divorce just says i can bill him for half the capital at the end of all this, but thats no use to me now. Plus it still works out he lives there for free.

£500 mortgage per month, 300 is capital, i can bill him for 150 per month at the end...

Well i just reduced the mortgage by 12 months *300 and he is entitled to half of that!! so he is still living for free while im broke.

Please help, is there anything i can do to force him to pay or at least move out so i can live there/rent it out or whatever ?

Thanks

Joanne.

Edit: recently i offered him 5k for his share. We have 18k equity (18k - 2 or 3k negotiation sale leaves 15k minus fee's leaves about 11-12k... share that is around 6k each, he owes me 1.5k for his half of the capital repayments) so that seems fair ? but he just said no. Even if i get an offer on the house, he could just say "no" no matter what the offer is. Technically he can live there forever, for free or i have to give him the house to get out of paying the mortgage... that cant be right ??

kingstreet

You need a court order to force him to sell.

No other option.

adamkm

kingstreet wrote: »

You need a court order to force him to sell.

No other option.

That's very well but what if we get no offers and he doesn't want to reduce the price ? It's been on the market already for a fair chunk of time with no offers ? Plus wont it take me 6 months to get a court order ? with solicitor fee's it's likely to be cheaper to give him the house ?

TrickyDicky101

Unless he shows a willingness (and ability) to pay the mortgage himself, you cannot extricate yourself from the mortgage until you sell/he remortgages on his own account. Not even a court can do that for you. It's a nasty situation.

kingstreet

You need legal advice.

There's noting else we can tell you on here. It's a joint and several mortgage, so you end up paying if he won't and you want to keep your credit history clean.

You can't give him the property without going through the transfer of equity process to have yourself removed from the mortgage and the deeds. You'd need the lender's agreement and his co-operation to be able to do that.

go_cat

Could you move back in and make it difficult for him?

Thrugelmir

Speak to your lender. Advise them that you intend not to pay the mortgage. Once in arrears request that they take voluntary repossession of the property.

Might be enough to wake up your ex to the reality of the situation. .

ACG

Thrugelmir wrote: »

Speak to your lender. Advise them that you intend not to pay the mortgage. Once in arrears request that they take voluntary repossession of the property.

Might be enough to wake up your ex to the reality of the situation. .

Its very rare i would disagree with Thruglemir but i think this should only be done as a last resort.

Do you have any male friends who are 6ft tall and built like tanks?
"Rent" a room to them. Ask him to just make it really awkward for your ex? Move back in and jsut make the whole situation awkward yourself.

Go and have a party on friday night in the house with your mates unexpected?
Get someone (gas registered) to go in and disconnect the GCH while hes out or at work - make the house very cold. Maybe do the same with the electric so he cant plug an electric heater in.

Just generally make it so he doesnt want to live in the house and wants to get you out of his life.

Short of that, i think you do really need to get legal advice.

Thrugelmir

"By speak to the lender". I was inferring a face to face meeting with a senior manager.

Given that the mortgage and rent appears to be unaffordable. Then the point will be reached where the envitable will happen.

In a situation like this where the other party feels they've nothing to lose. Then the resolution is highly likely to be messy and very difficult.

ACG

Sorry, misunderstood.

Its a fair point, although managers now tend to be system says no and there is no common sense approach.

Thrugelmir

ACG wrote: »

Sorry, misunderstood.

Its a fair point, although managers now tend to be system says no and there is no common sense approach.

I wasn't clear at the outset.