Want to "leave" a joint mortgage

HurdyGurdy

This is my original question, posted on the Families board, which will give some background.

https://forums.moneysavingexpert.com/discussion/4462053


The girl has today been to the CAB who, she felt, were little help. They have basically told her that she is stuck.

The man has told her to write to her ex, and ask him to provide her with a letter saying that she has no financial interest in the property, and no financial responsibility towards the property. She can then take this letter to a solicitor to "get it stamped", and then she can approach the authorities and re-present herself as in need of support.

Other than that, it appears that there is nothing she can do (unless her 6 numbers come up on the lottery and she can pay for it all) to get away from this mortgage, and get away from her local area and start afresh.

If anyone can offer any opinions, I would be grateful. I am trying to find out anything I can to help her, as she is feeling so down, and so trapped at the moment, and is in a refuge situation with seemingly no way out.

Thrugelmir

The CAB are correct. A mortgage is a contractual liability. She is jointly and several liable for the mortgage debt. So cannot walk away.

Little to add that hasn't been said on the other post.

Let_Us_See

She cannot simply "leave" the mortgage. Only the lender can release her from mortgage commitment, and this is unlikely to happen unless ex agrees, and can afford, to take over complete mortgage.

HurdyGurdy

Thank you.

Yes, we "get" that she can't just walk away from the mortgage. But not sure now exactly what her options are.

He took her keys off her when they broke up. Does she have the right to just turn up on the doorstep with her baby and her belongings and announce that she's moving back in? Despite that it is a 3 bedroomed house and it could be that her ex, his father, her new partner, one child (and another on the way) could be living there, and therefore realistically no space for them. Can she just "claim" a bedroom for her and the baby? Where would she stand legally - how could she "evict" someone from a room so that she and the baby could move into it?

Or would she have to give him written notice of her intention to move back in? If so, how much notice does she have to give? Can the ex deny her access to the property? She has made no payment towards the house for over three years. If she did move back in, would she automatically then be responsible for resuming paying her share of the mortgage etc? Would she have to then "catch up" with the payments she hasn't made for the past three years? Or would she pay rent to the ex?

Alternatively can she force the sale of the property? If so, how would she go about this? Could she instruct an estate agent herself? If she isn't living there, is there anything she could do to force the ex (or anyone else living there) to allow viewings?

And (sorry for so many questions - especially as there may not be any straightforward answers) if she does write this letter to her ex asking him to write and absolve her of any financial claim over the property - can anyone suggest a form of wording to use?

ValHaller

As she has no keys, she is in a difficult position - she could get a court order allowing her entry, but better to get a court order for sale I think - unless it goes on the market and the ex makes a reasonable go of selling

mrcow

Can't she just speak to him and get him to agree to attend an appointment with the mortgage provider to sort it out? He can apply for a mortgage indivually whilst he's there?

HurdyGurdy

I have just suggested that she asks him to attend and sort it out with the lender, as mrcow said. But her reply is that when she spoke directly to the mortgage lender, they will only deal with a broker and not individuals.

This is a known building society, so I do find this difficult to understand

Thrugelmir

HurdyGurdy wrote: »

This is a known building society, so I do find this difficult to understand

The lenders view will be that they are not able to mediate between 2 warring parties.

Ideally take legal advice. As the welfare of the child has primary importance. Which will influence the courts direction.

HurdyGurdy

Unfortunately, as she is not entitled to legal aid, and only has CTC and WTC, taking legal advice isn't an option for her.

Thrugelmir

A longshot. Maybe worth asking a question.

http://www.justanswer.co.uk/sip/law?r=ppc|ga|5|Law+-+England+and+Wales|Lawyer+-+1&JPKW=ask%20a%20lawyer&JPDC=S&JPST=&JPAD=16889053728&JPMT=b&JPNW=g&JPAF=txt&JPCD=20120611&JPRC=1&JPOP=Colin_AnswersAllQuestions_test&gclid=CIiY7Z6y0rUCFUvHtAodVwsArw

HurdyGurdy

Thanks Thrugelmir. Do you know if the only answer based on what you put in your initial post, or will they ask for further information for clarification. They say that I will have to pay £22-£28 if I am satisfied with the answer. I don't mind paying if it will help, but I am not sure what "satisfied" means!

Have you used this service before?