Ex partner wont discuss sorting mortgage out. Help!

Irwinpaul2004

Hi everyone ans thank you for taking the time to read this and would really appreciate any help and advice.

Right... so ill start from the start....

It all began around november 2016. I noticed my partner at the time of 13 years was going "shopping" everyday after work at 5pm and not getting home till 10pm.most nights drunk... i knew something was going on. Fast forward to the 18th december she told me she had met someone else and didnt want to be with me anymore. To save our 7 year.old daughter any upset over christmas she asked me to.move back into my mums house till after christmas while she thought through things... fast forward to january 12th while she was in work i tried getting back into the house for some clothes etc... she had changed the locks. I then found out from thd neighbours a new man was living in my house. So... when we bought the house in 2013 i used my inherentence money of 12k as a deposit. 2 years later ive had no access to my house. She wont even discuss it with me. I have spent 2k on solicitors already and are due in court to force sale of the property. Shes missing mortgage payments... late paying the mortgage so my credit rating is screwed. She cant remortgage because her credit rating is screwed now too... they are running a dog.kennel business which is agaisnt the deeds of the property. She has threatend me with not seeing my daughter again if i force the sale of the house..
She is now pregnant with her new boyfriends baby. Its been a very stressfull 2 years
Was hoping for some advice.

Thank you

Paul

csgohan4

Good that you have started legal proceedings, that is the only way forward now I'm afraid as the time for dialogue is far away it seems.


It will be expensive but to be separated financially from her will be worth it in the long run.

Pixie5740

As a joint owner you have as much right to occupy the property as she does. You would be well within your rights to engage a locksmith to gain entry to the property. As joint owners you each have joint and several liability for the whole mortgage payment. Are you currently contributing anything towards the mortgage?

Did you have a declaration of trust drawn up when you purchased the property to protect the £12k you put up as the deposit?

Continue with forcing the sale of the property. Yes it can be a long and expensive process but will be worth it in the end. If your ex is deliberately obstructive the judge can make her pay your legal costs which could come out of her share of the proceeds when the property is sold.

Access to your daughter is a separate issue from the house and your ex has no right to prevent you from having a relationship with your child. In fact it's an incredibly selfish thing for her to do. Do not let her use your child as a weapon in the hope that you let the forced sale drop.

Irwinpaul2004

Thanks for your replys.

Iv told my solicitor and barrister that i havnt contributed towards the mortgage since she changed the locks , 2 years ago.

Both have agreed that it doesnt matter. Why would i contribute to the mortgage when iv had no access to the property and in a letter.. the one and only letter she has sent in reply.to.my.solicitor she admits.to.changing the locks.

My solicitor says it doesnt matter . Even if i dont pay a penny.for the next 20 years.. in 20 years am.due half of the value.

No.i didnt draw up anything to save my 12k deposit... at the time we had been together for 8 or 9 years and i didnt think for 1.minute she would do what she has done. Big lesson learnt for the future.

ThePants999

I'm a bit confused. This all started in Nov 2016, but she changed the locks 2 years ago?

While it's probably true that not paying the mortgage whilst not living there isn't affecting your share of the equity, it's worth highlighting that if the bank repossesses the house due to default, that will probably significantly affect how much equity there is to share!

Irwinpaul2004

December 2015 she changed the locks , sorry nit 2016...
The mortgage company will only normally repocess if 2 or more mortgage payments are completly missed. Thats whats santander have told me... shes missed 1 upto now but is late every month and is currently in arreas as i got a letter yesterday again from santander

Mnd

I agree with writing off the 12k deposit money
Also you need to follow up the access to your daughter separately
Do whatever you need to to get your rights, you have been treated awfully and I wish you all the best
When my ex got a new boyfriend, she wanted me to move out and him move in...that didn't happen!

corinak

Hi Paul,

Have you had your day in court? Has your property issue been resolved?