Joint Mortgage Issues after Separation

Pixie5740

Gigervamp wrote: »

OP, was your friend named on the council tax there? If she was, she ought to find out if the ex has been paying that, because if he hasn't, she could be in serious trouble.

Not only that but some council charge more council tax for unoccupied properties. Plus if the property has really been left unoccupied for 6 years that could have invalidated the buildings insurance, that's assuming that there is insurance in place.

TheBlueStreak

neneromanova wrote: »

Why doesn't she move back into the property, and use the money she's been spending on rent on the mortgage instead?

I have again suggested this to her. I think its the best option. I think her main concern is having the ex turn up and trying to get back in or himself changing the locks once she's in. Whether he would stoop to that level if she's living there I do not know!

TheBlueStreak

peachyprice wrote: »

As you now know, she can't just be 'off the deeds' the house has to be sold or re-mortgaged, which is highly unlikely to happen with arrears.

Begs the question, why on earth has she been paying a private landlord for 6 years when she has a house she should have been paying towards the mortgage on and could have been living in?

Even if she couldn't pay the whole mortgage paying something towards it by making arrangements for a reduced payment plan or interest only would have gone a long way to limiting the damage to her credit record, which she has effectively wrecked herself. Actually living there would also have given more sway in forcing a sale. Sticking her head in the sand has done her no favours at all.

Thanks Peachy. I am really frustrated with her for allowing it to go on for so long. Everything you've said is right there. I messaged her yesterday and told her she should move back in. Her ex couldn't stop her doing so. She would be better off, some of the mortgage would be getting paid and if he's really peed off about her being there, it might be the kick up the backside he needs to agree to sell or at least rent it.

I'm fairly convinced that the house value has increased a fair bit as well so a sale could clear the debt and maybe have a little left over for both of them.

TheBlueStreak

Pixie5740 wrote: »

Not only that but some council charge more council tax for unoccupied properties. Plus if the property has really been left unoccupied for 6 years that could have invalidated the buildings insurance, that's assuming that there is insurance in place.

Thanks @givervamp @Pixie5740 . Never even occurred to me to consider the council tax or buildings insurance. I hope one of them applied to the council to try and get the 50% reduction on the CT with the house being vacant. As for who's paying them, absolutely no idea. I hear you can do prison time for failure to pay council tax :eek:

Pixie5740

Does the council offer a 50% reduction for unoccupied properties? Many councils charge an extra 100% for unoccupied properties.

You can indeed go to prison for unpaid council tax.

shiny76

TheBlueStreak wrote: »

I think her main concern is having the ex turn up and trying to get back in or himself changing the locks once she's in.

If this did happen then she could contact the police and complain that he is harrassing her (https://www.citizensadvice.org.uk/discrimination/taking-action-about-discrimination/taking-action-about-harassment/).

A colleague (jointly) inherited his mothers property, one of his brothers was still living there. In his duties as executor the colleague would visit the property unannounced. The brother got the police involved complaining he was being harassed (he didn't want to leave the property). The police warned my colleague he could be served some sort of restraining order if he returned to the property.
These are vague details but might be worthy of consideration by your friend.

Guest101

TheBlueStreak wrote: »

Hi All,

I am looking for advice to help out a friend who is stressed about the situation with her ex following a split over 6 years ago. They were not married but when they were together, they bought a house and are joint tenants on the mortgage and both listed on the deeds.

Following the split they both went their separate ways, he moved in with another partner and she rented privately. Since then the house has been sitting vacant so around 6 years.

My friend hasn't paid anything towards the mortgage since as she is only just managing with renting, and her ex goes months without paying anything but then pays a small lump sum. There are still overdue payments of around 8k.

This is proving stressful for my friend as she continues to receive letters from the lender chasing payment. Her ex is making it difficult to be contacted and is ignoring her calls\messages most of the time so the issue is not getting dealt with.

With regards to the property, her ex will not put it up for sale, rent it out or let it be repossessed (he seems to pay just enough to keep the mortgage going). He will not agree to her being removed from the deeds either.
He has also changed the locks so she doesn't even have access to the property.

Her ex is obviously a douche, and the fact they are financially linked, her credit score is also in tatters due to defaulting on the payments.
She just wants to be rid of the house, and any link to him so she can get on with her life. She isn't seeking cash from him to buy her out. She just wants to be off the deeds and mortgage.

I'm not sure which way she should turn so any advice appreciated. Thanks all

Your friend hasn't paid a penny, but the ex is the douche?....

TheBlueStreak

Guest101 wrote: »

Your friend hasn't paid a penny, but the ex is the douche?....

she was contributing when they were living together. and, well he earns at least double what she does so no wonder he can manage to continue making some contributions, and live in his other house. And if he's refusing contact or to come to some agreement regarding rent or sale he sounds like a douche to me.

Guest101

TheBlueStreak wrote: »

she was contributing when they were living together. - so she was fulfilling her obligations? and, well he earns at least double what she does - ok, so that means she should pay nothing? so no wonder he can manage to continue making some contributions, and live in his other house. - well good for him, he's successful. And if he's refusing contact or to come to some agreement regarding rent or sale he sounds like a douche to me.

Perhaps he doesn't want to speak to her?
Perhaps he doesn't want to be a landlord?
She can ofcourse force a sale, that's why we have courts.

TheBlueStreak

Pixie5740 wrote: »

Does the council offer a 50% reduction for unoccupied properties? Many councils charge an extra 100% for unoccupied properties.

You can indeed go to prison for unpaid council tax.

Hi Pixie. I think I may have misread this wrong on the .gov website. I think you are right, it appears to be completely at the discretion of the local council as to whether offer a discount, if any at all.