End mortgage with my ex-boyfriend? Help!

Atmywitsend_2

8 years ago I left my boyfriend. We had bought a house a couple of years before. Tenants in common. Since the date I left he has maintained the mortgage and I've not made further payments. He now lives there with his new partner and family.

I am trying to buy my own place for my family but am still on the joint mortgage with my ex so I can't. For the last 3 years I have been trying to resolve this but he has ignored letters, made commitments to seek a sole mortgage, finally actually sought a sole mortgage and been refused it. I've asked him to agree to a sale and he refuses. I've been able to raise the money to buy his share out and have offered to rent the property back to him at his current mortgage payment for 6 months then at market rent, he refuses this offer.

His only offer is that I remove my name from the deeds and in return he will maintain the mortgage payments and seek a mortgage in his own name when his credit file improves - since apparently the reason he was refused a mortgage was he had recently defaulted on a credit card this will presumably be a number of years away. Surely this just puts me in a worse position than I'm currently in?! He's offered to sign a bit of paper to say he'll take responsibility for the mortgage but I'm doubtful as to the legality of this and he's previously promised to take over a joint account which was at £0 balance when I left then didn't fill out the paperwork and ran up thousands on the overdraft leaving me jointly and severally liable (another story but evidence of his unreliability)

There is minimal equity (he argues there will be a shortfall, I believe it will just break even)

What can I do? Can I force a sale? I assume he will be as obstructive as possible. Can I forcibly buy him out? I can't continue to be unable to cater for my own family's needs in order that his family have a home surely?

(To reiterate, we were never married, no shared children. I paid full deposit although this was minimal. He's maintained the payments since I left and does not seem to have missed any but he is very financially unreliable. I am happy to walk away with nothing or potentially a small shortfall if needs be rather than have this drag on any longer)

Will I ever be free?!

Tom99

[FONT=Verdana, sans-serif]If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale. However, to do so you would need to apply to a court for an "order for sale”.

[/FONT] [FONT=Verdana, sans-serif]I am not sure how you go about getting the court order but it has gone on long enough and that is the route you need to follow – tell your ex that is what you are doing so they know what's coming their way. [/FONT]

Atmywitsend_2

Thanks for the reply. He's known this was my intention to try and do this if he didn't agree to any of the offers I've made after he failed to get a mortgage in his own right.

Thrugelmir

Seek legal advice. A strongly worded solicitors letter may focus his attention as to how serious you are.

lildoonbuggy

My husband went through this with an old friend who he bought a property with - however my husband was still paying his half of the rent for 8 months before it was resolved. My advice, get a solicitor that specialises in property law, explain the situation and they will write a letter stating their terms. In our case it was to take out the full mortgage in their name, and to repay £7000 of equity in monthly instalments. A hold was put on the property so it could not be sold until the debt was cleared, and the problem was sorted within 2 months of the solicitors getting involved. By signing the contract, the other party are in a legally binding position and would be held accountable for any costs associated with a breach of contract. We paid around £1500 for the solicitor, but the problem was solved quickly in the end. I think you need to have a think about how much that deposit you paid is worth to you - is it more than your desire to get out of the joint mortgage? You should also think about the implications if your ex stops paying your half of the mortgage, and whether the house has increased/decreased in value. This will influence how you should handle it. Again, a solicitor will be able to advise you of all options and direct you to the best outcome for your circumstances. I really feel for you, and can only encourage you to leave this burden at the doors of a professional. Best of luck.

Ganga

As there is no or little equity and you are happy to walk away from this house could you not sell him your half for £1 and leave him as the sole person on the morgage?

ACG

Move back in? :P

Do not under any circumstances take your name off the deeds without coming off the Mortgage. Not many lenders will allow you to that anyway, so if he can not get a Mortgage on his own, he is not going to get one with your name on the Mortgage but not on the deeds. But you lose any element of power you have by taking your name off the deeds.

A credit card default is not going to prevent him from getting a Mortgage.

You can go through the courts but it will take time...and money. You then also have the argument of how much in back mortgage payments you owe, but assuming there is equity, that would probably cover it to some extent.

You need to get legal advice really.

mrginge

Ganga wrote: »

As there is no or little equity and you are happy to walk away from this house could you not sell him your half for £1 and leave him as the sole person on the morgage?

He can’t get a mortgage.

Amst

He will likely have been declined a mortgage as it's a sole income (and by the sounds of it, some dependents). DO NOT take your name off the mortgage without him paying you the equity you have in the property or you're relinquishing whatever share you have in the property for nothing.

Marvel1

Amst wrote: »

He will likely have been declined a mortgage as it's a sole income (and by the sounds of it, some dependents). DO NOT take your name off the mortgage without him paying you the equity you have in the property or you're relinquishing whatever share you have in the property for nothing.

Do you mean deeds?