Ex partner mortgage issues

crispsandwich1

Hi,
I split up with my ex partner 8 years ago. She remained in the house and paid the mortgage. I have now found out that for the last 5 years she has had the mortgage changed to interest only without me being aware. The mortgage is also in arrears by a few thousand pounds which will damage my credit rating. We have a child who I pay maintenance for.
Will I be able to force her legally to sell the house- she will not agree to this. Currently I cannot buy a house because my name is on the mortgage. I will gain next to nothing if I have to wait until our child is 18 to sell because its now interest only. Also my credit score will be ruined by the arrears.
Please advise!

BigAunty

In order to force the sale through of a jointly owned property where the other owner won't sell, you will need a court order. My understanding is this process can be long-winded and expensive but hopefully other posters can advise you about the likely length and cost.

Are you married? Did you agree a formal settlement? Does she have an occupation order in place from a court that gives her the right to live in the property until the youngest is 18?

Though it is interest only, you may find that you are due equity due to house price inflation a few years down the line. Then again, if it isn't sold before the mortgage term expires, you may find the lender isn't likely to extend the mortgage term due to arrears or perhaps lack of income by the owners and it gets repossessed.

The Shelter website gives information to home owners about how to deal with arrears and avoid repossession. Have you heard from the lender whether they have initiated repossession proceedings?

Mojisola

crispsandwich1 wrote: »

I have now found out that for the last 5 years she has had the mortgage changed to interest only without me being aware.

I'd also be asking the mortgage company why they changed the repayment method without your agreement.

crispsandwich1

Mojisola wrote: »

I'd also be asking the mortgage company why they changed the repayment method without your agreement.

Yes, currently waiting for a response from Barcleys. Fuming about this most of all!

crispsandwich1

BigAunty wrote: »

In order to force the sale through of a jointly owned property where the other owner won't sell, you will need a court order. My understanding is this process can be long-winded and expensive but hopefully other posters can advise you about the likely length and cost.

Are you married? Did you agree a formal settlement? Does she have an occupation order in place from a court that gives her the right to live in the property until the youngest is 18?

Though it is interest only, you may find that you are due equity due to house price inflation a few years down the line. Then again, if it isn't sold before the mortgage term expires, you may find the lender isn't likely to extend the mortgage term due to arrears or perhaps lack of income by the owners and it gets repossessed.

The Shelter website gives information to home owners about how to deal with arrears and avoid repossession. Have you heard from the lender whether they have initiated repossession proceedings?

No, not married and no formal settlement. No occupation order in place.

crispsandwich1

Ideally would like to hear if a court is likely to force a sale where there are children involved? At the moment I feel there is no way out and I will never be able to own my own home again

RAS

England, Wales Scotland?

House owned as joint tenants, sole owner, tenants in common. If the latter what percentages? If joint tenants and deed agreed dealing with split and sale?

BigAunty

crispsandwich1 wrote: »

Ideally would like to hear if a court is likely to force a sale where there are children involved? At the moment I feel there is no way out and I will never be able to own my own home again

No idea but hopefully other posters can comment and you should seek proper legal advice, including considering a mediation service. Are you expecting or inclined to offer her a share of the equity as part of the sale?

My fear is that she will respond to your solicitor's notification that you are taking her to court to get an order to sell the property by requesting an occupation order herself. I don't know the likelihood of her securing it or if the lack of marriage is a factor.

From browsing comments on the Relationship forum, I got the impression that judges tend to expect the resident parent to pay the mortgage and that the non-resident parent gets a share of the equity when it does sell.

BitterAndTwisted

Parents have far less protection in such circumstances when they are not married. Forcing a sale will be costly but is likely to succeed.

Going interest-only and being in arrears suggests that there's not enough household income to support this form of housing. You ex might be entitled to more benefits if she's not a home-owner, like LHA (Local Housing Allowance) and this might be a persuasive factor when proposing a sale and a split of the equity to her.

This thread should act as a warning about what could happen when buying property or having a family when there is no marriage.

monty-doggy

My oh is in this exact situation with his ex wife. Mortgage interest only, in arrears, kids living there etc. His solicitor advised that as she is now co habbiting with her new partner in the marital home he would successfully be able to force a sale.
However it's very very costly so at present we've let it lie and bought a new house in my name.

ERICS_MUM

Mojisola wrote: »

I'd also be asking the mortgage company why they changed the repayment method without your agreement.

also why they haven't been providing you with statements which I believe they are legally obliged to do once a year. Do they have your current address, why haven't they sent you copies of the documents covering the change ?

(It would be wrong of me to suggest that your ex might have forged your signature on the mortgage doc, so I won't).

Good luck - my brother was in the same situation so I have an idea of the turmoil you must be feeling at the mo.