Advice on a mortgage

LEO1979

Purchased a house with my girlfriend in November last year. In March I broke up with her, she remained in the house and I moved back into my parents. I want to sell the property, she is saying that she has been advised by a solicitor that even if I took her to court to force a sale, I would lose the case.

Surely this cannot be right? I pay 50% of the mortgage still.

bossanova_2

hello, my 1st time using forum, do you have children? Is there any equity in the house? I purchased house dec 02 and hubby left may 03, house went up in value, i paid all mortgage till feb 06 and still had to give him 26 grand after he contributed only 2 grand, we have 2 kids too and they live with me,plus remortgage crippling me. you still pay half? wish my ex did

A_Nice_Englishman

Firstly, please try to sort things out with as little involvement of solicitors as possible. Every pound you pay them is a pound less for you and your ex.

Once you have agreed how much your ex should give you she will obviously need to raise the money but that needn't be by selling the house. Even if the value has risen since you bought it, selling it will cost money in estate agents' fees, solicitors' fees and perhaps mortgage redemption penalties. Again, every pound that you give away is a pound less for you and your ex so if she can raise the money without selling that would be better for both of you.

LEO1979

There are no children involved, we were not even engaged. There is no equity in the house, there are still debts on the house, which are equal. I have told her that solictors will cost us both money be she won't agree to the house being put on the market.

tomstickland

is saying that she has been advised by a solicitor that even if I took her to court to force a sale, I would lose the case.

So she expects you to pay half the mortgage, despite not living there?
I'd take some independant advice from a solicitor (worth the cost to know where you stand).

LEO1979

tomstickland wrote: »

So she expects you to pay half the mortgage, despite not living there?
I'd take some independant advice from a solicitor (worth the cost to know where you stand).

Yeah, she does, I have been paying half the mortgage since I moved out

Alfie1999

Why did you move out before this issue was resolved?

Never, ever leave in circumstances like this and that goes for people who are married aswell....regardless of how difficult circumstances become.

I'd move back in if I was you as she can string you along for years while she's living in your house and you're paying half the mortgage.

LEO1979

Alfie1999 wrote: »

Why did you move out before this issue was resolved?

Never, ever leave in circumstances like this and that goes for people who are married aswell....regardless of how difficult circumstances become.

I'd move back in if I was you as she can string you along for years while she's living in your house and you're paying half the mortgage.

I moved out as I could move back into my parents, she had nowhere else to go as she is not from the area.

MarkyMarkD

I agree with Alfie.

You are both jointly responsible for the mortgage, irrespective of who is actually living in the house. As things stand, she has got you over something of a barrel.

The ideal objective, if she's keen to stay in the house, is for her to buy out your share. Given that there's no equity, all this means is for you to transfer the house into her sole name and for the mortgage to be transferred into her sole name.

The lender will only do that if her income is sufficient to cover the entire mortgage on her own. If it is not, then her idea of staying in the house is deluded and selling the house is the only realistic option other than to keep the house as an investment between you and to let it out. I'm not sure that you want to get into that sort of complexity with an ex-partner.

There's no merit in getting solicitors involved other than for the pure mechanics of the transfer of equity (if that's the way ahead) or the sale (if that's the way ahead).

LEO1979

MarkyMarkD wrote: »

I agree with Alfie.

You are both jointly responsible for the mortgage, irrespective of who is actually living in the house. As things stand, she has got you over something of a barrel.

The ideal objective, if she's keen to stay in the house, is for her to buy out your share. Given that there's no equity, all this means is for you to transfer the house into her sole name and for the mortgage to be transferred into her sole name.

The lender will only do that if her income is sufficient to cover the entire mortgage on her own. If it is not, then her idea of staying in the house is deluded and selling the house is the only realistic option other than to keep the house as an investment between you and to let it out. I'm not sure that you want to get into that sort of complexity with an ex-partner.

There's no merit in getting solicitors involved other than for the pure mechanics of the transfer of equity (if that's the way ahead) or the sale (if that's the way ahead).

Well my ex claims that I cannot get the house to be put on the market, even if I take it to court, which is looking likely as she is refusing to agree to put it on the market.

MarkyMarkD

She's a right numpty, isn't she.

All she's going to do is waste a lot of BOTH of your money. She'll get kicked out in the end - probably when the property gets repossessed because you get fed up of paying the mortgage on the house she's living in.

But then you'll both have a screwed up credit history.

Not good.