How to get my money back

Lou10

Morning all,

My boyfriend and myself have been together for a couple of years now, and we are looking at buying a house together. The problem is he is already tied to a mortgage he got when he was with his ex.
At the time he bought the house, he put the entire deposit down, and payments come out of his account every month, the ex doesn't and hasn't paid anything into his account to cover half the mortgage month;y payments. At the time he bought the property he put her name on the mortgage but she didn't contribute anything towards it as she had been black listed by the banks, and her salary wasn't taken into account.
So our problem is as followers:
She refuses to leave the property so my partner can't sell the house and get his deposit back and she doesn't earn enough to take over mortgage, and find away to pay back his deposit.
We are unable to get a mortgage together as he is already signed to one, we have looked at getting mortgage with just my income and a small deposit I have, but this was something we want to do together, and have the payments and deposits as 50/50.

If anyone could give me some advance as to what we can do or what my boyfriend can do it would be much appreciated, i hope it makes sense, i'm not the best getting my point across when writing things down.

Thank you in advance.

Lou

Pixie5740

Lou10 wrote: »

Morning all,

My boyfriend and myself have been together for a couple of years now, and we are looking at buying a house together. The problem is he is already tied to a mortgage he got when he was with his ex.
At the time he bought the house, he put the entire deposit down, and payments come out of his account every month, the ex doesn't and hasn't paid anything into his account to cover half the mortgage month;y payments. At the time he bought the property he put her name on the mortgage but she didn't contribute anything towards it as she had been black listed by the banks, and her salary wasn't taken into account.
So our problem is as followers:
She refuses to leave the property so my partner can't sell the house and get his deposit back and she doesn't earn enough to take over mortgage, and find away to pay back his deposit.
We are unable to get a mortgage together as he is already signed to one, we have looked at getting mortgage with just my income and a small deposit I have, but this was something we want to do together, and have the payments and deposits as 50/50.

If anyone could give me some advance as to what we can do or what my boyfriend can do it would be much appreciated, i hope it makes sense, i'm not the best getting my point across when writing things down.

Thank you in advance.

Lou

Your boyfriend should have started the process to force the sale of the property the moment the relationship ended and it was clear the ex wasn't going to move out or buy him out. He needs to get the ball rolling on that now. Is there a Deed of Trust in place between your boyfriend and his ex detailing what will happen in the event of a relationship breakdown i.e. he gets his deposit back, if not the legal stand point is a 50/50 split of the equity.

hazyjo

Were they married?


Any kids?


AFAIK, you can't just 'put someone's name on the mortgage'. Not sure how she got on if she was 'blacklisted'.


He can force her to sell, but it may take years and cost thousands. In his shoes, I would move back in. Not pleasant, but hopefully temporary...

getmore4less

Your BF does not need another property

He moves back into the property he has, taking you with him.

Comms69

Lou10 wrote: »

Morning all,

My boyfriend and myself have been together for a couple of years now, and we are looking at buying a house together. The problem is he is already tied to a mortgage he got when he was with his ex.
At the time he bought the house, he put the entire deposit down, and payments come out of his account every month, the ex doesn't and hasn't paid anything into his account to cover half the mortgage month;y payments. At the time he bought the property he put her name on the mortgage but she didn't contribute anything towards it as she had been black listed by the banks, and her salary wasn't taken into account. - that's not possible.
So our problem is as followers:
She refuses to leave the property so my partner can't sell the house and get his deposit back and she doesn't earn enough to take over mortgage, and find away to pay back his deposit.
We are unable to get a mortgage together as he is already signed to one, we have looked at getting mortgage with just my income and a small deposit I have, but this was something we want to do together, and have the payments and deposits as 50/50. - then he needs to force a sale. alternatively you both move in there and make things difficult for her.

If anyone could give me some advance as to what we can do or what my boyfriend can do it would be much appreciated, i hope it makes sense, i'm not the best getting my point across when writing things down.

Thank you in advance.

Lou

The answer is quite simple. They own the property together (either as joint tenants or tenants in common - worth finding out which)


So the only two ways to sell are voluntarily or via the courts.

pimento

Another vote for move back in.

Lou10

Thank you,

He has no kids with her and isn't married, she has a son to a previous relationship.
It was a case of when he was getting the mortgage the company asked if they both wanted to be names on the paperwork, and they agreed yes, but she wasn't contributing anything towards it.
Not knowing of course at the time that they would split up a couple of years later.

Comms69

Lou10 wrote: »

Thank you,

He has no kids with her and isn't married, she has a son to a previous relationship.
It was a case of when he was getting the mortgage the company asked if they both wanted to be names on the paperwork, and they agreed yes, but she wasn't contributing anything towards it.
Not knowing of course at the time that they would split up a couple of years later.

It doesn't really matter if she was or wasn't contributing. I would suspect the starting point is 50/50. Perhaps after the deposit is deducted.


either get a solicitor or pack some bags

hazyjo

Lou10 wrote: »

Thank you,

He has no kids with her and isn't married, she has a son to a previous relationship.
It was a case of when he was getting the mortgage the company asked if they both wanted to be names on the paperwork, and they agreed yes, but she wasn't contributing anything towards it.
Not knowing of course at the time that they would split up a couple of years later.

But you can't just 'add someone's name to the mortgage'. They have to qualify. If your OH didn't pay and it's a joint mortgage, they need to be able to go after the other party. If she was blacklisted and couldn't get credit, she'd not be on the mortgage. Is she on the deeds? She'd prob need to be on the mortgage for that.


Are you sure you're getting the whole story and he just doesn't want to kick her out and feels some sort of responsibility for her/them?

Lou10

Pixie5740 wrote: »

Your boyfriend should have started the process to force the sale of the property the moment the relationship ended and it was clear the ex wasn't going to move out or buy him out. He needs to get the ball rolling on that now. Is there a Deed of Trust in place between your boyfriend and his ex detailing what will happen in the event of a relationship breakdown i.e. he gets his deposit back, if not the legal stand point is a 50/50 split of the equity.

When they broke up he offered he a considerable amount of money and all the furniture in the house to move out, but she stuck her heals in and wouldn't budge. It has been on going for a while, and she is constantly putting something in the way. Nothing was set up when they bought the house in regards to the deeds as far as i am aware, unless he has failed to mention it to me ( quite possible in case he worries it will upset me) and what would happen if they spilt up. My boyfriend claims he was naive and wasn't given the correct information at the time. Personally i think he was just being stupid, and didn't want to answer the hard questions or think about them breaking up, maybe I am just a bit more practical and wised up to things not always going and happening the way you would like.

Lou10

hazyjo wrote: »

But you can't just 'add someone's name to the mortgage'. They have to qualify. If your OH didn't pay and it's a joint mortgage, they need to be able to go after the other party. If she was blacklisted and couldn't get credit, she'd not be on the mortgage. Is she on the deeds? She'd prob need to be on the mortgage for that.


Are you sure you're getting the whole story and he just doesn't want to kick her out and feels some sort of responsibility for her/them?

Well i am starting to think that maybe i'm not getting the full story, I really appreciate all your advise, and i shall have to quiz him tonight when he is back from work.