Can my ex make me sell my house?

I have an interest only mortgage, me and my ex partner took out the mortgage 10 years ago and separated 7 years ago.

I have payed the mortgage myself for 7 years with no financial help. I am not able to remortgage myself due to my income and poor credit rating.

My ex partner has told me he wants off the mortgage and that I need to sell the house. Unfortunately I am not in a position to sell the house due to negative equity.

We have a 7 year old daughter together and he wants me to sell the house so that he is able to take out a 3rd mortgage. I told him to give me some time and I'll see what route we can take and he is now threatening to take me to court.

Does anyone have any advice for me on this matter?

Many thanks
«1

Comments

  • Sarastro
    Sarastro Posts: 400 Forumite
    Is the house in joint names 50/50?
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  • dimbo61
    dimbo61 Posts: 13,727 Forumite
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    Me thinks me may struggle to win in court.
    Unless there is a lot of equity in the property and you could afford a home for yourself and your child from your share ?
    No court is going to make you and your 7 year old son homeless so your EX can move on in his life.
    Speak to the CAB or spend half an hour with a solicitor
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Sd07143 wrote: »
    I have payed the mortgage myself for 7 years with no financial help.

    Doesn't your ex pay you maintenance for your daughter ?
  • As you have paid the mortgage yourself for the last 7 years and there is negative equity I sincerely doubt it is worth him taking you to court. He cannot force you to sell and if you are not in a position to take it on yourself there is very little he can do. The judge is not going to be interested in him wanting to take out another mortgage. Does he pay you maintenance for your daughter and was there any financial settlement sorted when you separated?
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  • When we separated he took our £4000 savings and left me with numerous debts and the house. I have never changed my mortgage as the repayments are very low because it's interest only and I have never been in a position as a single mum to change over to a repayment mortgage as it would be more expensive each month.
    The house is only worth about £7000 more than when I bought it, he doesn't want to sell it because he wants money out of it, he wants to sell because he wants to buy another property (he already has another 2) I told him I would seek advice after Christmas but he wants it sorting before..and clearly the only way is to take me to court.
    He pays maintenance for my daughter and has a great relationship with her. I'm just worried that obviously we are going to lose our home ��
  • BoGoF
    BoGoF Posts: 7,098 Forumite
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    If you are interest only there is going to come a point where you have to weigh up your options - how do you intend eventually paying off the mortgage. It is unlikely the lender will let you stay on interest only indefinitely - if you can't afford to move to repayment then maybe your best bet is to sell then rent.
  • elsien
    elsien Posts: 35,492 Forumite
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    edited 1 December 2017 at 10:34AM
    Were you married? (I'm guessing not as you refer to expartner not exhusband. )

    If the house is worth more than when you bought it, how are you in negative equity?

    He's not going to take you to court before Christmas, the timescales just wouldn't allow it, he's trying to coerce you into acting more quickly. Have you considered one of the solicitor free half hour advice sessions, as a starting point? Or is there a law centre in your area?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • You can also get a free advice from Citizens Advuce Bureau or Legal cover if you have one as a part of your house or car insurance.
  • So rather than pay to support his child, he sticks all his money into being a property investor, and to that end he also wants to make his child homeless. Sound a total *hit.

    You really should be pursuing him for child support including 7 years back payments.

    https://www.gov.uk/child-maintenance
  • BoGoF
    BoGoF Posts: 7,098 Forumite
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    Did you miss the part that said he pays maintenance?
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