Bankruptcy - Joint mortgage in negative equity

pip2012

I was hoping for some advice. I've spent all morning on the phone to StepChange and have finally decided that bankruptcy seems to be the best option for me to move forward. I have unsecured debts of around £20k and also a joint mortgage with an ex partner. The latter is the tricky part (apologies in advance for the long post) I fled an abusive relationship and left my ex partner in the property a few years ago now. I understand now I it would have been easier to have had him removed but at the time I just needed to leave. I have a new life now elsewhere in the Country and have not made any payments towards the mortgage, neither do I have any contact with the ex partner. I have contacted the Mortgage company to find out the process of removing myself but it has been impossible. In the past 4 years I have received 2 CCJ's as the management charge (part of the lease) hasn't been paid. Each time the mortgage company eventually pays and adds it to the total owed. This, plus fees and missed payments means the property is now in around £35k negative equity.

I'm wondering what will happen with both the mortgage and my share of the negative equity if my bankrupcy is approved? I would hate to go through all this and still be lumped with a debt after of £35k +. I have tried to seek legal advice but I can't afford anything more than the free 30 minutes at present. I'm just after a bit of clarity so I know what to expect.

Mouse007

When the property is eventually sold, even years later, any shortfall in the mortgage will fall into your bankruptcy, so don't worry about that.

You will however be liabable for the management charges after bankruptcy, so may have to settle these until the property is sold.

edit to add:

What you need to do is encourage the mortgage company to repossess asap, and don't sign anything they may ask you to sign, ever.

pip2012

Thank you. So if eventually they do repossess (I am hoping for this outcome) my share of the amount owed will still be covered by my bankruptcy? That's a great help.
The management company usually send the bill yearly, if they started the process of the legal route again (usually the case) would I have to send this in to the OR or not as it's secured?

Mouse007

Your liability under a joint mortgage will be “joint and several”. That means you and your ex are both liable for the whole amount (together and individually). The lender can seek recovery from both or just one of you.

Your bankruptcy will cover your liability for any shortfall (not your share, there is no such thing) when the property is sold. This will leave your ex owing the whole lot.

Management charges which have already been billed and/or added to the mortgage BEFORE you bankruptcy will be covered.

Those that arise after your bankruptcy WILL NOT. It’s not because these are secured in any way, they are a new post bankruptcy obligation. No different to getting a telephone or gas bill for services received after bankruptcy.

Perhaps time your bankruptcy to be just after the next annual bill?