Selling house with akward EX!

perch

Split up with the ex in Feb 2013 and im trying to sell the house, Since then she hasnt contribued to the mortage, The house has sat empty since we split.

The house went up for sale and there was an offer off £105,000 which i accepted but she didnt, with her messing about in the end the Buyer dropped out, If we were to sell the house for 105k This would cover the mortage, most of the fees for the fixed early exit, That is fixed till Nov 2015. We would be left with £3800 which she agreed she would pay half (Belive it when i see it! guessing that will be a difficult process aswell).

There has now been an offer for £105k which she has accepted!

We also have a secured loan on the property for £80800 which we cant pay up front if the house is sold so im am trying to get this turned into a unsecured loan, Im currently filling out the paper work and she will do the same (So she says). At the moment her solicitor sent a copy of the signed paper work for sale of the house to the solicitor dealing with the sale of the house, but they need the original, i feel they are purposly delaying it as much as possible and feel the sale may not go through, They are now holding the paper work until the secured loan is decided?!

To be honest im getting fed up of it all and her none contrbutions, Can anyone give me advive to what options i have, Should i get a solicitor (No cash though), Would citizens adive give me any advice, getting to the point to if it doesnt go through soon im tempted to stop paying the mortage and let it get reposesd!!

I am also on a debt plan for other depts

BitterAndTwisted

You've got a mortgage of £100k plus a secured loan for eighty grand?

The only way you will be able to sell is with the joint-owner's consent or going to court to force a sale.

Why is the house not being occupied by either of you?

BigAunty

Post on the Debt Free wanabee board to see if the members there can come up with a strategy to deal with your massive debts.

The Shelter website has a relationship breakdown section that covers rights and responsibilities for joint owners that have split up. See also their section on repossession, how to avoid it and the consequences that can follow the ex owner (who can be liable for legal fees, repairs, auction fees, balance of the mortgage, etc for the property which can be offloaded for peanuts via an auction, not normally anywhere near market value, so add neg equity to that, too).

Foxy-Stoat_3

How did you manage to take out a secured loan for 80% of the house value when you had a 90ish% LTV mortgage?

Or has the house prices fallen where you live?

perch

Sorry big mistake the loan is £8800! We both left and gone back to parents, we also have a daughter, house needs work doing ie central heating, also if stay in the house dont i have to pay for her accomadation?, She left the house took her stuff and went.

Foxy-Stoat_3

Doesn't really matter who stays where, the house and all the liabilities are both of your problems.

I wouldn't take out another loan yourself to clear a joint loan, if you do manage to sell the house then it will leave a balance of £12,600 which you both will have to settle.

If you stop paying the mortgage and loan and the property gets repossessed then it will effect you for a long time.....doing nothing won't be a good financial option for you or her.

Maybe you could rent the flat out for a few years to reduce the mortgage and loan or until the prices increase so that when you sell you will both owe nothing.

Voyager2002

I cannot imagine that you will be able to turn the secured loan into an unsecured loan -- I mean, why on earth would the lender agree to such a thing? That, I fear, is your big problem rather than your ex's apparent lack of enthusiasm.

If both of you can live cheaply with parents, you should seriously consider letting your property in order to generate some income to deal with the debt.

BigAunty

perch wrote: »

also if stay in the house dont i have to pay for her accomadation?, .

No, not that I'm aware of - what makes you think that?

As a joint tenant, she has the right to take up occupancy whenever she likes at the property. She could take you to court and try and secure a residency order that gives her the right to live in the property until the youngest turns 18 (and not necessarily at your expense).

If you have a private child maintenance agreement, that's fine. If you do not, she could take you to the CSA and you'd be obliged to pay up to 10% of your net income in child support.

I believe that a lone parent, who leaves a property that they jointly own, can actually get housing benefit on a rental property so long as the owned house is up for sale (and they meet the other usual criteria such as low income, rules around capital, etc). Ask on the benefits board for clarification on this.

If you are married, she could try for some kind of settlement during the divorce process.

EDIT - think the CSA rate for 1 child is 15% of net income, not 10?

perch

Foxy-Stoat wrote: »

Doesn't really matter who stays where, the house and all the liabilities are both of your problems.

I wouldn't take out another loan yourself to clear a joint loan, if you do manage to sell the house then it will leave a balance of £12,600 which you both will have to settle.

If you stop paying the mortgage and loan and the property gets repossessed then it will effect you for a long time.....doing nothing won't be a good financial option for you or her.

Maybe you could rent the flat out for a few years to reduce the mortgage and loan or until the prices increase so that when you sell you will both owe nothing.

It's a house anyway! before I could rent I would have to put money into it I don't really have, heating needs a new boiler for a start, there's damp and the windows are in a bad way! She isn't going to pay anything as she wouldn't and can't afford it for a start, i put money in for her to gain from it? Maybe repossession isn't an option but maybe stop paying the mortgage to see what her reaction if any!

perch

Voyager2002 wrote: »

I cannot imagine that you will be able to turn the secured loan into an unsecured loan -- I mean, why on earth would the lender agree to such a thing? That, I fear, is your big problem rather than your ex's apparent lack of enthusiasm.

If both of you can live cheaply with parents, you should seriously consider letting your property in order to generate some income to deal with the debt.

Soon find out with the lender after they receive the pack they had sent me.

House needs work new boiler, has damp and windows wooden and in bad way, she wont invest so I would be putting money I don't have into it!

perch

BigAunty wrote: »

No, not that I'm aware of - what makes you think that?

As a joint tenant, she has the right to take up occupancy whenever she likes at the property. She could take you to court and try and secure a residency order that gives her the right to live in the property until the youngest turns 18 (and not necessarily at your expense).

If you have a private child maintenance agreement, that's fine. If you do not, she could take you to the CSA and you'd be obliged to pay up to 10% of your net income in child support.

I believe that a lone parent, who leaves a property that they jointly own, can actually get housing benefit on a rental property so long as the owned house is up for sale (and they meet the other usual criteria such as low income, rules around capital, etc). Ask on the benefits board for clarification on this.

If you are married, she could try for some kind of settlement during the divorce process.

I was just under the impression if I was in the house I would have to provide them accomidation because of my daughter.

I weren't paying mortgage and bills then paying her maitinace! But she has already got CSA on to me now.

That lone parent with housing benefit is good to know! Maybe thats her intention I feel there is more to what's going on, stalling with sale? And not bothered along as I'm paying.

We are not married