Force of sale?

crazycatlady92

I bought a house equally with my ex partner in 2011. We split up in April 2013 and since then I've paid mortgage and all other bills (he moved out straight away) I've had trouble transferring the mortgage into my sole name since then and have received all sorts of threats off my ex in the meantime. The bank have said that the main thing going against the mortgage transferring is that we have about £1000 overdraft on our joint account so our 1st step is to pay this off and close the account then try the transfer of equity again. Since October ive been paying off what I can afford now and again. I received a county court judgement today stating that my ex is forcing the sale of the house. I'm absolutely terrified of this. They've given a court date for January and I have forms to fill out stating whether I intend to object. One of the reasons on the document as to why he decided to go down this route was that 'I have been point blank refusing to come to a decision regarding the house' which is completely untrue. Infact k have made plenty contact with him, keeping him up to date on where I was at with the transfer etc. the last time I contacted him was october after I had been to the bank and was advised to pay the overdraft 1st. He didn't reply to me and this is the next correspondence that I have had. I absolutely plan on keeping the house and transferring it into my name only, I just need to pay off the overdraft first! What can I do? I've contacted him today to find out why he couldn't contact me to discuss this rather than taking me to court. I'm absolutely beside myself and am becoming really down and depressed 😞

ACG

You have been split up for over 18 months. Its not like he has waited 5minutes. He clearly wants to move on with his life and get another mortgage which you are preventing.

Put the shoe on the other foot and how would you feel? House prices rising, time passing by, rent being paid (that could be coming off a mortgage)?

Get on the phone to a broker and try other lenders. Do you have to stay with the same lender? Are you sure they are 100% going to offer a mortgage on repayment of the overdraft? I suspect they would then turn round and say they want to see your not going back into it for 3-6 months.

crazycatlady92

ACG wrote: »

You have been split up for over 18 months. Its not like he has waited 5minutes. He clearly wants to move on with his life and get another mortgage which you are preventing.

Put the shoe on the other foot and how would you feel? House prices rising, time passing by, rent being paid (that could be coming off a mortgage)?

Get on the phone to a broker and try other lenders. Do you have to stay with the same lender? Are you sure they are 100% going to offer a mortgage on repayment of the overdraft? I suspect they would then turn round and say they want to see your not going back into it for 3-6 months.

Hi thanks for your reply - I understand why he's impatient. Basically the reasons my applications have been turned down were that he was spending on the overdraft when we split up to spite me which in turn affected my credit score. I then changed jobs last year and the bank required me to be in enployment for a certain period before remortgaging. Basically what I need to know is can a court application be cancelled or withdrawn? I.e if we come to an agreement before the court date does it still stand? I can more than afford the mortgage it's just so frustrating that this has happened while he knew fine well that the wheels were in motion. I even agreed to pay the whole £1000 off even though we are both legally liable for it!

Thrugelmir

What has your solicitor said?

crazycatlady92

Thrugelmir wrote: »

What has your solicitor said?

I haven't spoken to my solicitor yet as I only received the court letter today! Im terrified, I don't want to take this to court it's so unnecessary!

ACG

If you can remortgage with the current lender or new lender before the court date there would be no hearing.

Even if you just have an offer and can evidence it all going through no court in the land would make you put it up for sale.

But realistically your going to have to get the ball rolling sooner rather than later, if he doesnt want to play ball with you and give you an extension he doesnt have to.

Thrugelmir

crazycatlady92 wrote: »

I don't want to take this to court it's so unnecessary!

Unfortunately people become entrenched in their own positions. In a neutral sense , I can understand your ex's position. 18 months is a sufficient length of time to resolve the remortgaging of the property into your name. Whatever the in's and out's of the overdraft. You need to come up with a proposal to break the ice.

Is there equity in the property? Is your ex due a share?

crazycatlady92

Thrugelmir wrote: »

Unfortunately people become entrenched in their own positions. In a neutral sense , I can understand your ex's position. 18 months is a sufficient length of time to resolve the remortgaging of the property into your name. Whatever the in's and out's of the overdraft. You need to come up with a proposal to break the ice.

Is there equity in the property? Is your ex due a share?

Hi- no there is little to no money in the house. When we split he agreed to a straight swap where no money changed hands (he did take our car though!) and this has been the plan all along. It took him the first 6 months to even let me try and transfer the equity and he didn't want me to have the house to myself. Completely stuck now and don't know what to do! I don't have the option of moving home with my parents.

lonestarfan

Are you sure you can remortage into your sole name anyway. You don't post any figures so are you just thinking you can. What's the value, what's outstanding, how much do you earn and how much more must you borrow to pay him his share of equity or is there no equity and no money to give him he just wants his name off the mortgage ?
I suspect a court would want this info too in order to see if there is viability in your plan or not.

You've just posted whilst I was posting about the equity so ignore that bit now!