Ex wont pay half mortgage, sell, or buy me out

onestepforward_2

Hello All.

Ive got myself into a real twist over this situation, causing me to be ill. Hope you can help.
Ive split from my partner, who moved in with me six years ago. She, her two lovely kids. Her parents, for reasons we won't go into, also then moved in, and never left.
Two years into us Co habbiting, we remortgaged and she put £40k down into the remortgage. I agreed that I would make the house 50/50 share. Paid to have the deeds and land registry changed to show this. We are not married and we have no children together.
I have always paid the mortgage and all bills. She and her parents were tasked with the food shopping.
Now that we have split, I have moved out, but she refused to sell. She refuses to buy me out. So I'm stuck with the mortgage of over a grand a month, the council tax, and some bills. while still paying rent to live else where. Solicitor has warned me that costs could go into 6k and this could take up to ayear to resolve. Id still have to pay the mortgage and all fees???
I have worked out that my half would be over 40k, but to settle quickly, I offered her the option to buy me out for 27k. I know her and her mum can conver this amount, but still refuses to sell.

Im going out of my mind, at this rate ill fall back on payments and get a ccj. Worse still im worried her kids will get evicted and loose their bedrooms they are comfortable with. For the kids sakes I really want her to have the house, but she is being so stubborn.

The bank wont help reduce payment, they need budget statements from us both. Again she won't help, bank says tough, we are not mediators!

What do I do?

Funky_Bold_Ribena

Stop paying the mortgage or move back in.

I'm not quite sure what we can say, if you have already had legal advice.

shop-to-drop

Why are you still paying their council tax? That makes no sense at all. Stop this immediately but make sure the council know you are no longer living their and take your name off.

Will leave others to advise on rest.

Annisele

On the face of it she's being completely unreasonable. Do you know *why* she's being so difficult?

You say you're confident she can access £27k to buy you out. Can she also afford to remortgage into her own name? The problem might be that she doesn't have enough income on her own, her parents are too old to be added to the mortgage, and she fears losing her home.

Like FBR, I don't understand why you're still paying the council tax and bills. Just tell the council / utility providers that you've moved out.

ACG

Stop paying the council tax, inform them you have moved out but whoever is living there is still there - that should save you £100-200 a month?
Same for the bills, tell them you have moved out and estimate the final bill if you cant get in... also give them a forwarding address for the final bill to come to.

Then its just the mortgage and for this you will need to go to see a solicitor to force the sale, any judge should see you ar ebeing reasonable by giving them options (although i suspect your preference would be to sell and cut all ties).

Voyager2002

Find a professional mediator!

Basically, she needs to understand that since she is no longer "with" you the only support she can expect from you is a reasonable amount of maintenance, an amount limited by your income and your reasonable living expenses. You cannot pay her mortgage, nor would that be a reasonable expectation (although she might choose to use maintenance to make mortgage payments). And you own half the equity in the property and have a right to that money within a reasonable time frame.

If she were to engage a solicitor, that is what her solicitor would tell her. However, it would probably be cheaper if a mediator were to explain these things to her.

If she persists in being unreasonable, then the house will be repossessed and sold; both of you will suffer significant financial losses (costs of repossession) and your credit rating will be harmed. She needs to understand that this is the reality of the situation, and she is the only person who can do anything about it.

ACG

Maintenance?
The kids arnt the OPs?

Voyager2002

ACG wrote: »

Maintenance?
The kids arnt the OPs?

Yes, but after a divorce there may be provision for maintenance of the spouse with the lower income, although many couples opt for a 'clean break' settlement. In fact, since the CSA came into action maintenance has only been for the spouse since child support is outside the control of the court.

Funky_Bold_Ribena

Voyager2002 wrote: »

Yes, but after a divorce there may be provision for maintenance of the spouse with the lower income, although many couples opt for a 'clean break' settlement. In fact, since the CSA came into action maintenance has only been for the spouse since child support is outside the control of the court.

No mention of marriage.

ACG

I thought you meant maintenance as things stand.
As if living in a house paying no mortgage wasnt enough.

ceegee

Have I got this right? You are providing a home for your ex partner, her children and her parents, whilst having to rent a place for yourself?

That is complete and utter madness. You really must see a solicitor and get proper legal advice.

I find the situation quite gobsmacking, I really do.

May I ask the nationality of your ex partner? If you feel that it has no bearing on the matter, then I apologise in advance!