Breach of T&Cs, where do I stand???

Barpeeler

Hi

Here's the story

Split with the ex, I moved out she stayed at the house
But I believe she has moved out and is now renting the property privately to her sister, (proof available) this is against the terms and conditions of our mortgage and was done without my knowledge also.

She's dragging out taking the mortgage on her own and refuses to sell even though she's living in a different rented property!

Where would I stand if the Mortgage company found out about this breach?

Would it benefit me in any way to bring this to they're attention?

getmore4less

Move back in

Senior_Paper_Monitor

No it wouldn't help .... you are both renting out your joint property.


Are you contributing towards your joint financial liability (Mortgage) ?


Are you both declaring your share of income (divided on the basis of ownership share) after allowable expenses ?


Have you ensured that you have insured your house correctly (landlords' policy) ?







In short - you appear to be asking if you should dob yourself in !

ACG

Just to confirm the above really. You are both party to the mortgage, you are both jointly liable for the breach.

If the lender increased the rate or called in the loan what would you/your ex do?

You could potentially use the threat of informing them to speed up the process but if you do it you might be cutting off your nose...

Foxy-Stoat_3

What was agreed when you left your house, ie equity?

Who is your mortgage with?

Barpeeler

I can't move back in as I live 400 miles away

I was totally unaware of that it was being rented until recently so we are not "both renting it out"

She pays the mortgage and it was agreed any equity would go to her (very little equity) (negative equity when I left)

All I want is my name off the mortgage, so really just wondering would this force a sale maybe? Don't really want to get anyone in trouble.

Foxy-Stoat_3

Barpeeler wrote: »

All I want is my name off the mortgage, so really just wondering would this force a sale maybe?

She would need to go to the lender at as long as they are satisfied that she can take the mortgage on her own and pass their affordability checks etc then this could well happen.

You will need to sign a Transfer of Equity form and your name can come off the mortgage and deeds.

Notifying the lender that she is renting will not help you, and forcing a sale will cost you a lot of pound stirlings !

Foxy-Stoat_3

Barpeeler wrote: »

I was totally unaware of that it was being rented until recently so we are not "both renting it out"

This makes no difference to the lender, you are both jointly liable for the mortgage including the terms.

ACG

Your both liable for the mortgage. You are both renting it out.
Appreciate you have come to an agreement but that does not take away your responsibility as one of the joint mortgage holders. Your also jointly liable should she not make any payments.