Can I force my ex to sell up - if he isn't paying the mortgage...

Laurajw

My ex boyfriend and I bought our house together in 2008. We split and I moved out in March 2013 after he point blank refused to sell up (we're both on the mortgage so it requires both to agree to sell).

He earns more than enough to cover the mortgage but since I left payments have been sporadic to say the least - three months in a row were missed just recently and every month it affects my credit rating which I'm trying to build as I want to but somewhere else soon.

I want to sever all financial ties and would prefer the property was sold but he has always refused saying he'll never get another mortgage (he has bad credit).

I read somewhere that I can transfer the mortgage into just his name if he can prove his income but will the bank still do that if he has poor credit score???

I just need a way to sever financial ties and some advise please.

Browntoa

Without him agreeing and being able to get a mortgage to take over the property there is nothing you can do to force him

Laurajw

So I either wait until the house gets repossessed or pay the mortgage myself when he lives in it and I have my own house where I now live elsewhere? Surely there must be something I can do...

Browntoa

Not really , they can also come after you for any debt and I suspect the missed payments can affect your credit scoring

TBagpuss

There is. You can apply for an Order for Sale, under the Trusts of and and Appointment of trustees Act (ToLaTA). A court would first decide what share of the property you were each entitled to, then then can order a sale in order to release the shares you each own.

Proceedings can be expensive, but provided that you go through the correct procedures, you may be entitled to recover your costs from him, at the end of the case.

You will need to send a formal letter before action first, and I would strongly recommend seeing a solicitor (depending on how the firm is organised, you may see someone in the family department, or the litigation department. Tell them you want to make a ToLaTA claim)

If he wants to stay in the house, he will need to find a lender willing to offer him a mortgage sufficient to pay off the existing mortgage, and to lend the extra money to buy you out of your share in the property. Given that he is not currently maintaining mortgage payments, his chances of doing that are slim, so unless he can find a guarantor the liklihood is that the house will have to be sold.

Smi1er

Browntoa wrote: »

Without him agreeing and being able to get a mortgage to take over the property there is nothing you can do to force him

Just shy of 27K posts and you type a totally false statement.


OP. Seek proper legal advise on this one. You can force a sale but expect the whole process to take ~12 months.


Ideally speak to ex and come to a solution. Rent out as joint owners? Him to stay and get lodger?

DTDfanBoy

Just because you don't live there anymore doesn't necessarily absolve you from making mortgage payments. What agreement did you reach with your ex after you moved out ?

monty-doggy

It can cost £1000's to force a sale through the courts. If you don't have that kind of money there's not a lot can be done. My oh in similar situation with his ex.

Pixie5740

Could you let your current property out and move back in with your ex? You could make his life so miserable that he agrees to sell.

Otherwise you're faced with either going through the courts and forcing him to sell or remaining jointly and severally liable for the mortgage indefinitely.

A friend of mine had to force her ex to sell. It took a long time but she got there in the end.

Annisele

How much equity is in the property?

If there's a decent amount, then you might be able to persuade your ex that it's better to sell now, than after you've forced a sale through the courts. The less that's spent on legal fees, the more money there is for both of you. (Or, as a sweetener, the more money there is for him).

If there's very little equity or no equity, things are more difficult. The lender won't generally allow a sale without some agreed plan for paying off the entire mortgage loan - which might involve an unsecured loan from elsewhere, or an agreement with the lender to pay the debt at £x per month, or something else.

I wonder if ex has other financial problems that he hasn't told you about? If he really does earn enough to pay the mortgage, then he's daft not to do so (as are you - if you can afford it). Is he prioritising other debts? Gambling problem? Has he decided he only owes half, and you should pay the rest?

thesaint

Browntoa wrote: »

Without him agreeing and being able to get a mortgage to take over the property there is nothing you can do to force him

Smi1er wrote: »

Just shy of 27K posts and you type a totally false statement.

Browntoa is correct.
No one can force the ex to buy the house.