How to get the house repossesed???

Pixie5740

You have some very strange ideas about how mortgages and repossessions work.

Phoning up the mortgage lender and telling them you no longer live there does not absolve you of your obligation to pay the debt nor will it trigger the lender assessing your ex's affordability. You still have joint and several liability for the whole mortgage debt.

When you say that the mortgage is coming to an end I assume you mean the the introductory offer (fixed rate, etc) is coming to an end rather than the mortgage term itself. That means that at the end of the introductory period the mortgage will simply move on to the lender's Standard Variable Rate.

If you stop paying the mortgage and your ex cannot keep up repayments then eventually the property might be repossessed but that takes a long time. You won't get £70k back and you won't be buying another property any time soon after a repossession unless you have enough money to buy without a mortgage.

bertiewhite

davidmcn wrote: »

But if you're buying a house, that's a new mortgage (even if it's the same lender as your previous mortgage). Different from changing to a different product while retaining a mortgage over the same property.

Yeh I get the difference in the 2 circumstances, but what I thought was strange was my affordability was going to be better by buying the cheaper property with the same lender than just switching to a cheaper product with the same lender. My financial circumstances were just as likely to change if I was staying with the same house.

Ms_Chocaholic

Can you move back in?

waveneygnome

Think you might have missed the bit about 'violent partner'.

I would not advocate moving back into harms way.

Ms_Chocaholic

waveneygnome wrote: »

Think you might have missed the bit about 'violent partner'.

I would not advocate moving back into harms way.

Yes I did see that but given that he has their children overnight at least three times a week and OP seems happy with that arrangement I was curious about that.

the_singing_cyclist

Thanks all, this is a good, constructive dialog. I appreciate all your advice and help.
He is only violent to me when drunk, he is mostly a good dad.
I’ve sought legal advice - I cannot change locks and kick him out.
Firstly I want all the kids his and ours to have stability as long as poss, hence I’ve left it till now to really start looking into ways to kick him in to action. He has had a year and done nothing to either sell up or buy me out.
Secondly he has legal right to the house.
Thirdly, i am lucky I have the option of living with my parents and just two kids to worry about. His dad is in his late 70s only has a two bed house and couldn’t cope with 4 kids! I’m not gonna be evil or difficult about it I just need to get something going here. I’m stuck.

Brock_and_Roll

So... desperation is taking hold as I cannot live with parents for much longer. I need the money to put down as deposit (c£70k) I work full time in recruitment and have paid nothing to the house since last August.
He works part time at the airport (kids still go full time childminder/preschool at £1400/month as he won!!!8217;t look after them for some reason I dkw)
His salary is c£20k something like that. Mortgage is up for renewal in March 2019. Brexit time. What happens there? Will it go down in value?
So - if I call the mortgage co (Halifax) say I!!!8217;m not living there, not paying towards it etc will they investigate his affordability?


As previous posters have said, as long as mortgage being paid, Halifax will not be interested. The OP is jointly & severally liable for the whole debt - if the mortgage payment is not made in full, then both credit ratings will be wrecked.


Then of course repossess because he can!!!8217;t afford it.


Again, Halifax wont be interested if "he cant afford it" as long as you "both" can afford it.


(He rents the older girls rooms out on Airbnb)


If in the highly unlikely event that Halifax were to call in the mortgage as a result of the breach of terms, this may prove counter-productive. There is potential again to wreck both credit ratings and for equity to rapidly disappear in costs etc


Frankly there is no real solutions other than directly reaching an agreement with ex to sell the place, or forcing a sale via a solicitor which seems the more likely route given the state of the relationship.


Having been through a very long and painful legal action, I would caution that much better to compromise early than to fight hard and see the pot disappear in legal costs!


If the OP is not paying anything towards the mortgage then surely there is money available to rent somewhere and solve the immediate living with parents issue?

chelseablue

Just another thought, but if it ever did get repossessed then both your credit ratings would be badly affected

Thrugelmir

chelseablue wrote: »

Just another thought, but if it ever did get repossessed then both your credit ratings would be badly affected

Sometimes needs must. If it reached that stage then would be worth speaking to the lender to maintain a relationship. Lenders after all are people too. .

Pixie5740

Two options available to you.

1) Get a court order which allows you to live in the property but not your ex.

2) Start legal proceedings to force the sale of the property.

For either option seek legal advice.