Advice needed re ex and joint mortgage Scottish law

Luckypup

Hi all

I'm looking for some advice please as not sure where l stand and what l can and can't do legally.

In January this year, l moved into rented accommodation after breakdown of relationship with my partner. We have joint ownership of the mortgage and £30,000 is still owing on mortgage. I still contribute an agreed amount every month.

Now, however, I'm struggling financially as I'm on a zero hour contract and I'd like to release any money from my share of the house.

The house is needing re decorated etc so selling is not an option and he wants to live there anyway with his new gf who, as far as l know, lives there most days of the week. Don't know if she's contributing anything.

I'd like to suggest that my ex and his gf re mortgage in their names. I'm intending to put this idea to my ex.

I guess I'm asking for advice on where l might stand legally regarding this. Anything l should be aware of etc

I'm going to seek legal aid as well.

Thanks in advance

gettingtheresometime

Luckypup wrote: »

Hi all

I'm looking for some advice please as not sure where l stand and what l can and can't do legally.

In January this year, l moved into rented accommodation after breakdown of relationship with my partner. We have joint ownership of the mortgage and £30,000 is still owing on mortgage. I still contribute an agreed amount every month.

Now, however, I'm struggling financially as I'm on a zero hour contract and I'd like to release any money from my share of the house.

The house is needing re decorated etc so selling is not an option and he wants to live there anyway with his new gf who, as far as l know, lives there most days of the week. Don't know if she's contributing anything.

I'd like to suggest that my ex and his gf re mortgage in their names. I'm intending to put this idea to my ex.

I guess I'm asking for advice on where l might stand legally regarding this. Anything l should be aware of etc

I'm going to seek legal aid as well.

Thanks in advance

As far as I know the only way for your ex & the gf to get a mortgage in their names is if they effectively buy you out of the property.


Was there an agreement as to how the equity would be split in these circumstances as that would be a starting point for the discussions.

Luckypup

Hi thanks for your reply.

Any equity would be split 50/50.

I visited a lawyer today. Told him the circumstances and asked what my options are. We agreed a letter to my ex requesting a figure (reflecting house value/equity etc ). Which is fair.

However, the cost of the lawyer sending the letter is £100 plus VAT.

Is this a standard cost for type of letter?

I'm employed on a zero hour contract, so my salary can vary greatly each month.

I also receive Universal Credit (the housing benefit & council tax rebate elements) the amount l receive differs according to my wage, naturally.

I thought that because my income was low, I'd be entitled to legal aid but tbe lawyer said l wasn't as my last wage was iver £1000 but next month it could be £300.

Don't get me wrong, if that's what it costs, that's fine.

Just want to know if £120 for a lawyers letter to be sent to ex is reasonable?

comeandgo

Solicitor costs very reasonable.

Luckypup

Ok thanks for that

Ozzuk

It is a reasonable price, however have you tried talking to your ex about this? Your solicitor won't do this for you, the letter is just an opener and it could be a heavy handed way of doing it (could put him on the defensive).

I admit I don't know how it works in Scotland, but I doubt you can force him to remortgage and take you off. You could force a sale (which I know you've said you don't want to) but that means going to court.

I'd start talks finding out if he wants to keep the property, if he is able to get a mortgage and go from there rather than go legal straight away - - which is an empty threat as it sounds like you can't afford to keep your solicitor working for you, and they aren't adding value (IMO).

Luckypup

Hi Oz

Thanks for your reply.
I've had the discussion with my ex, he's happy to live in the property.
He said he and his gf 'would look into it'.

This was a few months ago now and tbh things are now hostile.

I just want rid of him/house out of my life.

I felt the lawyer's letter would show him I'm serious (l get sob stories how skint he/they are etc but they can afford holidays)

Ozzuk

In that case...let him know you'll need to move back in as you can't afford rent - that might focus his attention!