joint mortgage but ex paying nothing

Kieranlouise

Yes thrugel the onus was on me to resolve this issue years ago but as I've stated I did not earn enough at the time in the eyes of the bank to take on the loan myself. therefore I did what I felt was right & fair because I am a firm believer in right & fair much to my detriment it seems

Thrugelmir

Looking at the matter in a cold light. There's around £30k of equity (at best) in the property. On a 50/50 split that's £15k. You've already paid over £7.5k. Leaving at worse a maximum of £7.5k open to debate. Hardly a starting point to get no win solicitors excited. Nor for someone to expend money on employing legal advice themselves. Your ex may not realise that you are getting legal advice for free. Correspondence may therefore come as a shock.

Kieranlouise

Yes you are correct but mcdoom & gloom solicitors also said that our wee handwritten agreement counts for jack so therefore he would be entitled to around 15k. Regardless of that I have no intention of even giving him another 7.5k considering I paid the down payment. Would rather burn this place to the ground than see him have another penny, spiteful? Yes but why should he prosper from my input

jonesMUFCforever

You have children does he?
You have dependents so having a home for them to live in will be prioritised should it go in front of a judge.
You do need to take legal advice whether it is in the form of the union's preferred one or one of your own choosing.

Kieranlouise

Thanks for your reply. I have one child who will turn 18 next January so no longer classed as a dependant. He has no children, a blessing for all of humankind.

ACG

Thrugelmir wrote: »

On what grounds? Onus was on the OP to remove the other party from the mortgage or resolve the issue several years ago.

That he signed an agreement with the mortgage lender to be jointly liable for 100% of the Mortgage and for the last few years at least has paid nothing.

Thrugelmir

ACG wrote: »

That he signed an agreement with the mortgage lender to be jointly liable for 100% of the Mortgage and for the last few years at least has paid nothing.

That's only an agreement between the parties (who have joint and several liability for the debt) and the mortgage lender. The mortgage lender simply wants to be paid in accordance with the terms and conditions agreed to. How the borrowers actually between them fund payments, has no bearing. The contractual obligation has been fulfilled.

dimbo61

Do nothing.
Live in the property and pay the mortgage it is cheaper and better than renting.
Wait till he wants to get a mortgage or demands money via a solicitor.
Keep all receipts for any work carried out on the property and proof you paid the deposit, mortgage every month out of your hard earned income.
See what a judge would say about that.

Thrugelmir

dimbo61 wrote: »

Do nothing.

The ex remains a part owner of the property. Can simply afford to wait and sit it out.

iammumtoone

dimbo61 wrote: »

Do nothing.
Live in the property and pay the mortgage it is cheaper and better than renting.
Wait till he wants to get a mortgage or demands money via a solicitor.
Keep all receipts for any work carried out on the property and proof you paid the deposit, mortgage every month out of your hard earned income.
See what a judge would say about that.

From the sound of it ex is not likely to be in a position to be able to get/want their own mortgage any time soon.

Once the OP has fully paid for the house the ex will still own half of it, they will then own half the full value :eek:, better to get it sorted now whilst at the very worse they are only entitled to part of the value which has been paid off.