Advice on a mortgage

homer_j_3

he cannot just sign his half over, the lender has to agree it and so does she.

he cannot buy her out as she is refusing to sell (and why would she when she has a whole house and only pays for half the mortgage).

lynnexxxo

Move back in and take a 'lady friend' home with you one night.

She'll be chapping on the EAs door before nine the next morning!

poppy10_2

Or move back in and live a "bachelor" lifestyle - socks and shoes lying all over the living room floor, walk around wearing nothing but your Y-fronts, belch/fart loudly whenever you want - she'll get out of there quick!

LEO1979

Melissa177 wrote: »

You're obliged to keep paying half the mortgage, as the house is in both names. You also own half the house. When you say that there are debts on the house, I'm presuming you mean the mortgage? Any equity increase is both of yours to share, just as the mortgage is a liability that you both share. I'm appalled that some people think you should stop paying the mortgage - you need to sort this out as amicably as possible. If this does end up in court, a judge will not look on you favourably if you've stopped paying.


She needs to either buy you out of your share, or put the flat on the market. If she won't do either, then you need professional advice.

There is debt in the property, as took more than a 100% mortgage.

homer_j_3

Leo - go and seek professional advice. Even if it costs you £200 for the pleasure of having peace of mind.

You clearly will realise that it was a mistake to move in now but you dont need people on here telling you how to force a sale. She sounds like she could play equally as dirty and bringing other women home isnt the answer etc.

If you seriously felt the need to move out then you are clearly saying that it was unbearable for you to be there. This leaves you one option and that is to seek legal advice.

The thing you have to accept is that for the forseeable future you are stuck with this option and you should always seek to protect your credit history where possible.

If your solicitor doesnt think there will be a feasible way to force sale or that it is going to be cost effective, could you talk to her about getting a friend to live with her who will pay your half of the mortgage?

Last resort is to just stop paying the mortgage but I wouldnt do this lightly as eventually the house will go and you can be chased for the debt. It is not an option as far as I can see as yet but if she wont sell, pay for your half of the mortgage or be reasonable in discussing what is a REAL problem for BOTH of you, then this may be the only option. It will make credit very difficult to attain in the future and a mortgage nigh on impossible for a good few years but it could be a the sooner I do it the sooner I can get on with my life to a certain degree.

With it being a 100%+ mortgage it should mean only 95% of the debt is secured so if you were to sell there should be enough to sell and clear that part. The personal loan/unsecured element will just revert to a joint personal loan which you can continue to pay, albeit at a higher rate.

If you can maintain paying it then the positive is that when it becomes a property with equity in, its half your equity. You also never know that she may want to sell in the future and the boot may go on the other foot.

Anyway, seek advice of a solicitor and see what they have to say. This forum will help you to a certain degree but where relationships turn sour then its a minefield of issues and there isn't always an answer.

A_Nice_Englishman

Another thought - are the bills in both names? If the ex is not paying those the OP may be having his credit rating ruined without even knowing it.

LEO1979

A_Nice_Englishman wrote: »

Another thought - are the bills in both names? If the ex is not paying those the OP may be having his credit rating ruined without even knowing it.

Nah, made sure all the bills are not in my name now. Including the old joint account.

LEO1979

Well my discussion with a solicitor hasn't really helped me, I have 2 options take it to court to force the sale of the property, which will cost me thousands or stop paying the mortgage and get the house repossessed

poppy10_2

The law's an @$$:mad:

mandm65

LEO1979 wrote: »

Well my discussion with a solicitor hasn't really helped me, I have 2 options take it to court to force the sale of the property, which will cost me thousands or stop paying the mortgage and get the house repossessed

Sorry to hear that mate, it seems both of the options are not what you had expected, i guess the third option, suggested already here is to move back, this might just put her off and possibly she might change her mind. I feel you need to do something different cos the current situation suite her & does not make her uncomfortable at all!