Threat to be taken to court

fromtheshires

Bex981 wrote: »

And then I'm left paying the whole mortgage rather than half!

If she doesnt pay it, you are left paying the whole mortgage anyway or whatever the bill is after the reposession if you both refuse to pay it and it gets that far. You are jointly and serverally liable for the entire amount outstanding.

This needs to be resolved by having the house sold as soon as possible. Why hasnt it sold? Is it on for too much, need major repair wrks etc as your posts seem to indicate that the property has been on for some time.

The court thing is a non starter

Guest101

Bex981 wrote: »

And then I'm left paying the whole mortgage rather than half! Anyway, I'd just like to know if she can back date her half mortgage payments requests? If the small claims court are likely to decide in her favor?

But you would then just move in surely? I mean it's free money and all that.


Anyway there is not set rule or law, so it's impossible to say. I consider it unlikely, but stranger things have happened.

leslieknope

you have no agreement to state you're giving her all the profit so you are legally entitled to half the profits. remind her of this. if she stops paying the mortgage, you are still both liable for it so it's not in her best interests to stop paying her half.

i honestly can't believe you're thinking about letting her walk away with all the profit. if she refuses to sell the house because you want your legal entitlement of half the sale proceeds, then move back in. surely what you would save in rent could pay for the other half of the mortgage? and she will still be liable for her half anyway as you have no agreement otherwise, so you could claim that out of her share of the profit.

why not suggest that she can half the backdated payments from your share of the sale proceeds and then the rest is due to you.

shortcrust

Seems to me that the OP knows their own mind about the profit.

Bex981

It had a buyer but there is a legal issue with the surrounding land contract and caused the buyers to pull out. I'm trying to sort that so it sells next time. It will go. The profit is only going to be around £2k so not worth taking her to court. In a conversation we've had tonight she has stated that she was going to use the money to cover the costs she has built up since moving out but never told me this was her intention.

I have my own house with its own mortgage so don't want to move back in to the property.