.....

antrobus

laurenphipps85 wrote: »

My query was in fact if he would get half of what I have paid from when he stops payments if he does....

Not prior........

That is why my statement began with thewords 'So far', because so far, half the house is his. I can't predict what will happen in the future. But TOLATA provides a framework for a decision.

laurenphipps85 wrote: »

...I feel people are very quick to judge here and are actually adding to the stress

I think you're very quick to read judgement into plain statments of fact. It doesn't matter whether you are in the wrong or not. The law isn't interested in making moral judgements about your behaviour, or his for that matter.

laurenphipps85

It's ex partner, the bank have already told me I can't take it over, I would be left with £200 a month to live on if I pay the full mortgage but then his name is still on so its still not solved anything

And yes it was a menial argument thank you, I have tried my best to sort it out but clearly he thinks he can just walk away as he has never dealt with any of the legalities of the house at all

I woupsnt post on here again, thanks to the few who have tried to give positive answers but to the rest who think I should sell up and lose everything and be left with a load of debt without any warning then thanks ����

Will post back with the outcome in time

frazell

I don't really understand why you think that you will lose everything by selling up?


You can speak to the mortgage provider about the maximum property price that is affordable for you, minus the deposit/costs to your ex. You then look for a house to that value. He will obviously have to pay his half of the redemption fees.


In your shoes, I'd rather be in control of this and sell rather than him force a sale. Sure you might end up in a smaller property, but at least it would secure a roof over your families heads.


I would imagine its only a matter of time until the pressure increases from him for you to sell, especially if he engages a solicitor. Its half of his money after all, regardless of his current living arrangements he's entitled to it back.

ACG

DavidF wrote: »

Not judging anyone here BUT......He is free to stop paying the mortgage if he is not gaining anything out of the ownership - no rent nor a roof over his head.

He is free to do that yes, but he takes the risks that come with it. ie - the person who made the thread can not afford to pay the mortgage, the house gets repossessed and both of their credit reports get trashed for the next 6 years. He has signed an agreement to be 100% jointly liable for the whole mortgage.

Personally I can see why he wants his name off it, he wants a clean slate and to move on with his life. This is one of the reasons I am reluctant to do 5 year fixed rates for couples who are moving in together.

Its unlikely you will be kicked out, but if he stops making the payments the property could well end up being rposessed if you can not make up the shortfall.

Are you failing the affordability because of the loans? If so can you refinance them over a longer period. That will reduce your repayments and then hopefully allow you to put the mortgage solely in your name. If not, can you get someone else on the mortgage with you? A parent maybe?

antrobus

laurenphipps85 wrote: »

It's ex partner, the bank have already told me I can't take it over, I would be left with £200 a month to live on if I pay the full mortgage but then his name is still on so its still not solved anything ....

So basically, you can't afford the house on your own. That's the cold hard reality.

laurenphipps85 wrote: »

...And yes it was a menial argument thank you, I have tried my best to sort it out but clearly he thinks he can just walk away as he has never dealt with any of the legalities of the house at all...

As Judge Judy would say; 'You picked him'.

laurenphipps85 wrote: »

...I woupsnt post on here again, thanks to the few who have tried to give positive answers but to the rest who think I should sell up and lose everything and be left with a load of debt without any warning then thanks ����

Will post back with the outcome in time

People are often disappointed here in MSEland when they fail to get the answers that they wanted.

Mahsroh

laurenphipps85 wrote: »

but to the rest who think I should sell up and lose everything and be left with a load of debt without any warning then thanks ����

I think that's grossly unfair. Many people have offered what they believe are the only viable solutions to help you get out of a tricky situation. Just because you didn't like what you hear doesn't mean you can just dismiss some very valid comments.

I have tried to help by looking at your options for selling and buying another property but my post has seemingly been ignored.

People here are not judging you, just pointing out that they can also see his point of view too.

Somerset

laurenphipps85 wrote: »

It's ex partner

Thanks. Then he's got no responsibility to 'provide' for you or your child. There are loads of threads on this site with the same dilemma, mostly you never find out the outcome. Property makes the normal clean break impossible. I suspect people unhappily negotiate their way out, it'll only be a few that go all the way to force a sale. Accept that your ex will not stay on the hook with that mortgage forever, he'd be stupid to, so something will have to give.

POPPYOSCAR

I am confused.


On one hand you say you have asked the bank if you can take over the mortgage but on the other you say you cannot afford the payments on your own.

Ronaldo_Mconaldo

What about the father of the child?

Somerset

POPPYOSCAR wrote: »

I am confused.


On one hand you say you have asked the bank if you can take over the mortgage but on the other you say you cannot afford the payments on your own.

Yes, failed the affordability test, in mortgage terms and real life terms.


''the bank have already told me I can't take it over, I would be left with £200 a month to live on if I pay the full mortgage but then his name is still on so its still not solved anything''


Logically the bank won't 'sole' the mortgage because it's unaffordable 'sole'. And because the full mortgage payment is unaffordable, the OP needs the ex to contribute ad infinitum. Which won't happen.