Mortgage Issues

sjk81

This is my first time posting and I'm aware that my situation may seem a bit of my own making, but I'm hoping for some advice or very, very hopefully, some reassurance at best.

I have a joint mortgage with my ex-partner (not married), who I separated from six years ago. I left the property with our children as I couldn't afford the mortgage alone and well, he refused to leave. He remains in the house and has paid the mortgage ever since. It was a very difficult relationship but I won't go into that. There was no separation agreement, we were very very young and clearly a bit niave.

I've since remarried and living in a rented property with my new husband and children. I obviously haven't been able to consider buying another house due to being on the mortgage on my old house. I've also, thankfully, deliberatly kept all my finances with my husband completely separate (no joint finance/accounts and so there is no financial association on my credit file).

Being on this mortgage has been a heavy weight on my shoulders for the last six years. A transfer of equity hasn't been possible due to him having debt issues and thus, enable to apply for a sole mortgage.

He's also completely unwilling to sell. I've tried so many times, I've told him I don't want anything from the property in terms of equity, he can have it all, I just want to be let off. It's always a no.

I've seen countless solicitors, all of whom have told me about forcing the sale, but it's so costly, I just don't have that kind of money and it'll likely be a long process due to him being so unwilling.

This is now 10 years into an interest only mortgage, so the mortgage company also called a few months back asking how we plan to pay it off at the end of the term. This should've been sorted out so long ago, but I hoped that these calls may be the push he needed to finally agree to sell - they weren't.

This week, I had a call from the mortgage provider advising me that the mortgage is in arrears. I contacted him and was told that he can't pay, there's no money and there won't be for several months. He hasn't contacted the mortgage company to let them know this even though I know they've tried to call him.

Obviously, I'm concerned as I'm going to be affected by these missed payments. However, I can't pay myself, I'm paying so much for my rent that I just can't afford it. I asked him again about selling, he told me that he's not giving up the house until he's forced out.

I've been to see citizens advice, they recommend that I find out how much equity is in the property as per a zoopla estimate. According to that, there'll be be approx £16,000 of equity. I haven't been in the house for many years though, so I'm not sure of it's condition. I can't imagine that it's good.

I've contacted the mortgage company and made them aware that I can't pay and if needs be, I won't dispute the repossession (what else am i meant to do?). They've advised that if they don't get any engagement from him, it'll be three months before they start proceedings.

In the meantime, I've also got a solicitors appointment for Friday to discuss in more detail, with the hope of sending a letter officially asking that he sells, maybe with the threat of forcing the sale.

I'm really conscious that obviously, if it's repossessed, there is more than likely going to be a mortgage shortfall and i'd be liable for this. I've heard of people becoming bankrupt in these situations and to be honest, I'm so fed up with the situation that I am prepared for this to happen. If it means that I can finally separate myself from this situation and him.

The best scenario would for him to agree to the sale, he's got no money, I've offered to pay the costs involved, he's refused. I don't understand the logic but there we are.

I'm also aware that I could apply to force the sale but it's not always guaranteed that the order will be approved? What's the criteria for this and would I likely struggle?

I'm not sure what I'm after here but if anyone has any experience of this, or words of wisdom I'd really appreciate it. I feel like I'm going to worry myself sick until my appointment on Friday.

Thrugelmir

As a starting point. When you divorced wasn't a financial consent order drawn up? The joint ownership of the property should have been dealt with at this point of time as part of the process.

On a broader note. As the mortgage is already well in arrears. The damage has already been done to you. Allowing repossession to take it's natural course might be the best option. Forcing a sale yourself is simply going to pile more costs on top nor will this take effect before the repossesion hearing is held.

sjk81

Thank you.

We were never married, just living together.

But you've confirmed what I've pretty much thought too. Im looking at sending a solicitors letter raising the issue and potentially calling his bluff regarding forcing the sale, just as a terrible attempt to resolve this by trying to make him agree to sell, before things get too far down the line, but otherwise i will let the repossession happen.

Thrugelmir

I suspect the solicitor will caution against a forced sale. Not least on the basis of cost (potentially five figures). Take comfort that matters are coming to a head, and ultimately a fiinal resolution. In difficult circumstances many people do barricade themselves in, and have no wish to receive advice.