Can I force my ex to sell?

djd011086

Hi,

I bought a house with my ex 9 years ago. We bought it back in the day when you could get 100% mortgages and during the property boom so we both didn't put any money into it. I moved out a year later and have requested numerous times for forms to be sent out so that I can't have my name removed however, this has never been successful. During these 5 years, my ex moved onto an interest only mortgage so there's no profit in the home, if anything it's borderline on negative equity so I am completely aware that I will not receive any money from the sale nor do I want any. All I want is for my name to be removed.

I have moved on now and I am living with my boyfriend of 5 year with two kids so we would like to buy a house together. When it has come to finding a mortgage, the fact that I'm still on a previous mortgage makes a huge difference to how much we can lend. I have tried to have my name removed and for my ex to take this on on his own as he has done for the last 8 year however, it has now came to light that during the last 8 year he has gained a CCJ and extremely bad credit so this was declined. So now I'm stuck. He says he won't sell as it will get him off the property ladder but I can't move on with my life without my name off. Can I force the sale?

Any help would be greatly appreciated.

Thank you

BigAunty

Yes, for a joint mortgage, one of the owners can get a court order that forces the sale. In all my time on the forum, I've never seen anyone provide an accurate timeline or rough cost for this, just lots of posts that suggest it can be lengthy and expensive to obtain. Suggest you see a solicitor.

Do you realise that you can be held responsible for any mortgage arrears? If it sells for less than the mortgage, you and your ex are severally and jointly liable for the shortfall - the lender won't care who they come after for the debt.

Do you think you might be able to 'bribe' him out? Convince him that a forced sale of the property through a court order may lead to low offers, therefore greater neg equity, plus the legal fees he faces and would he sell up if you pay £x sum. Obviously an idea that may be hard to swallow but could be quicker and cheaper than legal enforcement for both parties. You'd need legal advice on how to do this so you don't end up paying a sum only for him to change his mind. End of the day, he sounds like he's sticking his head in the sand and obviously doesn't want to lose his home even though it's not affordable.

pinkshoes

The fact he has a CCJ and you have a mortgage together means it has probably damaged your credit rating, so it might be harder than you think to get a mortgage.

Who lives in the house how? I assume him? Could you not just move back in if he refuses to sell?

I would write to him saying if he will not agree to sell the house, you will legally force the sale, and he will then be responsible for half the cost of this.

j.e.j.

You'll probably get better info over on the housing board but fwiw I think you can force the sale. Have you got a solicitor?

Angry_Bear

pinkshoes wrote: »

The fact he has a CCJ and you have a mortgage together means it has probably damaged your credit rating, so it might be harder than you think to get a mortgage.

I would assume that if the OP successfully got her name off the old property (or it was sold) she would file a notice of dissassociation with the CRAs, then her ex's CCJ wouldn't have any impact on her.

However, if he has a CCJ and is on interest only, I suspect that he has been (or would be) refused permission by the banks to take over the mortgage in his sole name. So the only option would be to sell, and even though it's not fair, I can't see any advantage for him in agreeing to sell. The OP may have no option but to force a sale through the court.

pinkshoes wrote: »

Could you not just move back in if he refuses to sell?

Although I've got to admit that I love this idea .

djd011086

Thank you all for your advice. His CCJ wasn't due to the mortgage but some credit card he took out in his own name so I'm not sure whether it would still effect my credit score but I'll certainly look into it. I have tried asking him if he will at least let me arrange a valuation just so I know the cost of the property so I know where I stand but I was bluntly told 'no!' It's such a hard situation as I feel I have no control over things as even the mortgage company won't discuss certain things with me as the account is in dispute. I have told him now to move from interest only (which is a good as renting) to paying the full amount so that he can at least be paying something off the amount so that there is a chance of selling in the future.

By the looks of it, I'm stuck on the mortgage for quite some time. He only just got the CCJ and knowing him he'll be paying the smallest amount back so it could be years before that's cleared. Luckily, I can still get a mortgage with my new partner but our lending amount is about 30k less while I'm on the other mortgage. I will certainly look into disassociation though as he is terrible with money.

Thank you

gettingtheresometime

I know this sounds like a stupid question but how did he change mortgages without your agreement?

Surely if he changed mortgage products you would have to have signed the documents?

silvercar

I have told him now to move from interest only (which is a good as renting) to paying the full amount so that he can at least be paying something off the amount so that there is a chance of selling in the future.

|From his point of view, every £ in repayment he makes will be split with you when you eventually sell, so he will be giving you half of it. Doesn't make sense for him to do that.

He could ask you to contribute to the mortgage payments, given it is your shared debt. I know you don't live there, but it is still a joint responsibility.

It's such a hard situation as I feel I have no control over things as even the mortgage company won't discuss certain things with me as the account is in dispute.

This is wrong. If you are on the mortgage you are entitled to the information. Talk to the lender again and file a complaint if they refuse to speak to you. At the same time ask how the account was allowed to go IO without your agreement.

quidsy

How did he change mortgage without your consent?

Jojo_the_Tightfisted

djd011086 wrote: »

Thank you all for your advice. His CCJ wasn't due to the mortgage but some credit card he took out in his own name so I'm not sure whether it would still effect my credit score but I'll certainly look into it. I have tried asking him if he will at least let me arrange a valuation just so I know the cost of the property so I know where I stand but I was bluntly told 'no!' It's such a hard situation as I feel I have no control over things as even the mortgage company won't discuss certain things with me as the account is in dispute. I have told him now to move from interest only (which is a good as renting) to paying the full amount so that he can at least be paying something off the amount so that there is a chance of selling in the future.

By the looks of it, I'm stuck on the mortgage for quite some time. He only just got the CCJ and knowing him he'll be paying the smallest amount back so it could be years before that's cleared. Luckily, I can still get a mortgage with my new partner but our lending amount is about 30k less while I'm on the other mortgage. I will certainly look into disassociation though as he is terrible with money.

Thank you

It might focus his mind a little more if you point out that the house he is living in will be taken to pay for debts if you and your partner default on your own credit. Or if you split up - as it's something you own 50% of.

Of course, if he likes the idea that your current partner could force the sale to get 25% of the value at any time in the future, he can continue as he is, only having to answer some rather difficult questions about where your signature came from to allow the change in mortgage...