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Mortgage default with a tenancy in common.

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About 8 months ago I entered into a tenancy in common with a friend. Unfortunately during the summer he had a brief psychotic episode.

He felt it had been brought on by extreme stress in his life. Part of the adjustment he made was to leave his job. This wasn't a problem as his student load covered his payments.

However he has stopped going to uni and unless things change soon he will be leaving and so his payments will stop.

I doubt he will get benifits anytime soon as he doesn't believe he is ill.

I haven't talked to him about any off this, I think he would respond badly and also I believe he has the right to try to live his life as he feels fit.

However I feel I must prepare for him to default on his half of the mortgage. I am unable and unwilling to cover it.

Can someone explain what is likely to happen in regards to the bank. For instance will they forced ua to sell or will it get repossessed? Should I pay my monthly half when he cant or would that be lost money to me?



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Comments

  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    If he defaults it affects you as well as you are both responsible for the mortgage assuming your part of the mortgage as well.


    This will have serious consequences on your credit history and affect you getting credit or a mortgage in the future



    This is why money and friends/family DO not and should not mix no matter what good intentions you originally have.


    Maybe consider selling?
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • benten69
    benten69 Posts: 366 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    As above, I would sell before any default occurs. Keep payments up until it is sold, take your half of the money + enough to cover the months you had to pay in full where he couldn't pay his half, then walk away.

    Do not default if you can avoid it.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As far as the mortgage lender is concerned the liability is joint and several. There is no 50/50 as you describe. If full payments are not made then the debt may well continue to increase and charges will be levied by the lender. Ultimately the property will be repossessed to discharge the debt owed.

    Ball is in your court. Little point in avoiding a difficult discussion as the problem isn't going away.
  • ACG
    ACG Posts: 24,570 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If you paid 99% of the mortgage and he never paid the remaining 1% you would both get a black mark against your name. If you pay half, it will take about 6 months before the bank staartes repossession proceedings (although lenders can vary).

    You signed a commitment to make the repayments on the mortgage, between you, you have to pay 100% of the mortgage. The lender does not care about the splits, just that it is paid.

    If you get a black mark it is not the end of the world but it is very hard to overcome for future mortgages at normal rates. If you have the property repossessed then its going to probably be at least 6 years or a very sizeable deposit before you can buy again.

    Think carefully about whether or not you decide to not pay his half as the outcome can affect you for the next 6 years plus. Best to sell it before it becomes an issue.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Syh_2
    Syh_2 Posts: 7 Forumite
    Thanks for clearing things up.
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