Force !!!!?

claire.80

Hi, i split up with my ex over a year ago and she has taken on the mortgage payments for the house as i have a new partner, I have been checking on the monthly payments but i have foud out that she has defaulted as i had a credit alert from equifax, when i rang up the mortgage company if she hasnt paid last month Dec 2013 and in 6 days she will have defaulted by 2 months, what can i do? as im thinking of forcing a !!!! as there is no equity in the property plus she cant get a mortgage on her own as she works partime and has bad credit.
She is doing this on spite due to me having and girlfriend and new family, plus we have a on going court case due to her stop me from seeing my son.
I really need some advice as this is causing a massive strain

ACG

You BOTH have to make the payments, if one doesnt then other has to.

Its a late/missed payment not a default. I would get that paid if i were you by any means necessary otherwise your going to struggle to get a mortgage at a normal rate in future.

claire.80

She wanted to take the motgage on herself as i have a home myself to pay for plus CSA, My solictitor told me i have to pay for my son but i dont have to keep her,

holly_hobby

ACG has told you the situ - which is non-negotiable with the lender.

When you applied and entered into a joint mortgage arrangement, you became both jointly and severally (singularly) liable for the mge debt.

That means you are both responsible for servicing the debt, whether you both live there or neither live there, and in the case of late or missed payments/default/repossession - you will both be pursued and both your credit records will be negatively effected.

As ACG says, if you want to maintain your credit record, and want to avoid repossession (which if occurs will always have to be declared if a financial app asks, regardless of its 6yr expiry off your credit record) - then you need to make the payments (keep a record if you want to have this taken account of in any financial settlement).

Advise the lender of the situ, that you are no longer resident, give them your new address, and request that a copy of all correspondence issued in respect of the mortgage is also sent to you, that ensures you'll be kept in the loop.

In the meantime, if your ex isn't earning enough to take the mge on her own and release you, or won't agree to a transfer of equity to release you, then you'll have to discuss selling with her - if she refuses, then you'll have to go the corut route (which will be expensive and really should be your absoulte last ditch option), but given its also the home of your child, the court may rule that the home doesn't have to be sold (as it is their home and security) if you can afford to pay the mge on it .... you need to discuss with your family law solicitor what options he think the court will present/permit.

Hope this helps

Holly x

ACG

You dont have to keep her.
You DO have to pay a mortgage you are party to though. If you do not then it will affect your credit and they may come after you for any short fall as they are unlikely to get it from your ex.

I think you need should be looking at paying the mortgage or moving in and taking over the house. It doesnt matter what/how you do it but late payments on your mortgage are going to have a huge impact so its important you try to keep on top of it if you can.

claire.80

I cant take over the mortgage as i have another property to pay for and cant afford to pay the mortgage, she aslo gets CSA. i cant sell the property until we have been split 1 year which is now

holly_hobby

claire.80 wrote: »

I cant take over the mortgage as i have another property to pay for and cant afford to pay the mortgage, she aslo gets CSA. i cant sell the property until we have been split 1 year which is now

You have to gain her agreement to sell the property if its in joint names - and given its also your childs home, I'm sure this would be the last step you would ever want to consider.

She receives CSA, as you are an absent parent (in this case living with a new partner at a new address) - and is for the care of your child, of which your ex has the immediate daily cost of caring and providing for. IF however her own costs have gone up, ie the mge has increased due to it coming to a rate end, then this may be why she's in arrears .... have you discussed this with her ? And how you could help keep her and your child in their home ?

But if you won't or can't afford to pay/contribute to the mortgage, then the mge will continue to be in arrears, and you will be affected by this, which may involve a later charge placed on your own mortgaged/owned home if the ex-marital home is sold at a loss.

I would suggest you go and seek some family law advice.

But given the original question was, can you force her to sell, no you can't - only a court can do that, be that by direction or as a result of a possession order.

Hope this helps

Holly

jamesd

If you can't or shouldn't be paying then the legal route to force sale is via a possession order. That can be a better solution for a child than long-lasting uncertainty about whether they will be able to continue to live in their home.

Them moving into a rented property may be a good deal more affordable for her and could considerably ease the financial situation in which the child lives.

You will need legal advice so it's something that you should discuss with a solicitor sooner rather than later.

runforlife

Be prepared for a bumpy ride! and more than likely a trashed credit file. I was lucky in that my ex kept a line of communication and we agreed that the house had to be sold. Only adult children involved so less problem there. However I accepted that I had to keep paying the mortgage which was huge as well as my new rent which has led (in part) to my huge debt. I even continued to pay it when her new fella moved in!

It took 18 months or so to sell and we split what little equity there was 50/50. So ,yes, lucky that my ex and I talked.

You HAVE to talk to your ex. If you have no lines of communication then that is going to be hard. I suspect that you haven't as there is a court case regarding the child. As other posters here have said you need urgent legal advice.

if you haven't already review your finances. You are going to need every penny.

I'm sure other members on here can offer you encouragement and support and wish you well so keep posting back.

Inksleeves

Consider approaching the mortgage company and getting the mortgage switched to interest only whilst you sort the situation out.

Your ex may find an interest only payment more manageable, there is no uncertainty for the child and you may both benefit from house price rises.

Other than that you are screwed..... she has obviously got the hump and is trying to damage you, otherwise she would have told you she hadn't paid the mortgage.

Swallow some humble pie, open up communication, amicable communication and sort it out.

You saying you have a new family to support is not going to win you any battles, it just makes you sound self centred and like you wished your ex and her child didn't exist anymore. That will win you nothing.