Where do I stand?

Regina.filangie

My now ex partner (and I) bought a house 5 years ago. He got it in his name because I was worried I would get rejected due to poor credit at the time (although stupidly I never actually applied). He got the mortgage in his name, but we got a trust deed drawn up which states that we both have a 50% interest in the property, he can't sell it without my permission, or enter into another mortgage, etc. It also said that ultimately he is the person responsible for making the mortgage payments.

Unfortunately 2 and a half years ago he decided the grass was greener with someone else and left me for her. I stayed in the house with our two children. He immediately took his wage out of our joint account and paid the mortgage for 6 months in lieu of child maintenance. I paid for all other bills. Then after 6 months his solicitor told my solicitor that he was no longer going to pay towards the mortgage. I have paid the mortgage on my own since that time, just over 2 years now. I now want to sell (for various reasons).

We still have solicitors because he has dragged me through a lengthy legal battle regarding our children and I recently instructed my solicitor to ask for his agreement in putting the house up for sale. He has failed to respond to a pre action court letter giving him 14 days to give me an answer. Now it's stale mate but I'm in a very difficult position. I can't just up and leave like he did to live somewhere else as I can't afford to pay for the mortgage plus somewhere else, but if I don't pay the mortgage he won't either so it will get into arrears and I assume this would eventually lead to repossession. Whilst I don't wish to do him any favours in this regard I will ultimately lose money in the house if this happens. House is worth about £95-100k, remaining mortgage is £66k. There is no way we will agree on how to split the money but I want to avoid another costly and stressful court battle if at all possible. Obviously I want more than 50% share as I've paid the mortgage significantly more than he has, I put all my inheritance into doing the house up, and he has gone against not only he mortgage agreement with the bank but also the trust deed we signed which it turns out has been the best thing I ever did. Any advice please?

mrginge

Stop paying the mortgage.

erin110

mrginge wrote: »

Stop paying the mortgage.

If you stop paying the mortgage you will ruin your own credit file. You must pay the mortgage if you want a mortgage in the future.


As for advice you will need to speak to a solicitor.

foxy-stoat

erin110 wrote: »

If you stop paying the mortgage you will ruin your own credit file. You must pay the mortgage if you want a mortgage in the future.


As for advice you will need to speak to a solicitor.

Really, the mortgage isn't in the OP's name, its in the Ex's.

I would live there until you are instructed to leave by a court, stop paying the mortgage, change the locks and save the mortgage payments - you will need them for your next accomodation.

If its worth £95,000 on the open market - less Estate Agents fee ( £1700 ish ) less legal costs (£1500+) less the mortgage then there will be £26,000 left over. 50% is £13,000, that would be the best easiest way out of it, which by the sounds of it is miles from where you are.

Up to you if you want to chase the additional percentage you think you are entitled to more of a 50% share, I think if you get it you will pay for it in legal costs.

Good luck and update the thread with how you get on.

mrginge

erin110 wrote: »

If you stop paying the mortgage you will ruin your own credit file. You must pay the mortgage if you want a mortgage in the future.


As for advice you will need to speak to a solicitor.

Sometimes it's best to read and understand before responding.