My mortgage and debt pickle :( HELP!!

jamesml

Personally I would be going down the route that if you can prove your credit card debt has been run up in order to put the house in the position it is in, then this should be repaid before splitting any equity (if you were to sell).

Unfortunately don't know how much legal recourse you will have on 3 years worth of mortgage payments - I guess this is where the negotiation needs to come in when deciding on the split of equity. I would probably also use things like upkeep costs that you have paid over the 3 years to keep it in its (great) condition which is helping the sale to go through etc as reasons to keep a greater %'age split of the equity.

Thrugelmir

jamesml wrote: »

Personally I would be going down the route that if you can prove your credit card debt has been run up in order to put the house in the position it is in, then this should be repaid before splitting any equity (if you were to sell).

Unfortunately don't know how much legal recourse you will have on 3 years worth of mortgage payments - I guess this is where the negotiation needs to come in when deciding on the split of equity. I would probably also use things like upkeep costs that you have paid over the 3 years to keep it in its (great) condition which is helping the sale to go through etc as reasons to keep a greater %'age split of the equity.

The OP's debt issues and current financial distress is of their own making. As all occurred post separation. There's no obligation on the other party to do anything. Raising the temperature in any way is more likely to have a negative rather than positive impact.

antrobus

crippy21 wrote: »

...I have recently written to my ex-partner asking him to pay his half of the mortgage...

Yes, but you might owe him 'occupation rent' in respect of his share of the property. See 'TOLATA' and 'equitable accounting'.

crippy21 wrote: »

... I have said that if he doesnt agree with this offer then i will have to go bankrupt. He has recently inherited a large sum of money and property.....

From his point of view, your bankruptcy might be his best solution.

crippy21 wrote: »

... Could somebody help me with advice as to what my options are?..

Your best option would be to reach an agreement with your ex-partner, and sell the property.