Mortgage and Ex hell

LOVEHB

I am unsure which board to post this on so apologies if this is incorrect. My sister recently purchased a house with her now ex boyfriend, she had been saving for three years and managed to save £30k he saved £3k in this time. They purchased a house and got the keys beginning of April, two weeks later he was caught with another female in the house (they werent living there as it is a reno job). Since this time my sister has obviously ended it and is absolutely devastated that her 5 year relationship is over, we are struggling to get him to be reasonable, we have had a declaration of trust drawn up by a solicitor, to which he originally agreed too and then decided he didnt want to sign, we tried to contact their mortgage lender To see if I could replace him on the mortgage (she will not be eligble to afford the house on her salary alone), unfortunately i cannot do this as i will not be living at the property with her. We are at a bit of a loss, if she wants to sell i doubt he will agree to sign anything, he has also be threatening her saying he will change the locks and trash the house, my sister has single handedly been paying the mortgage and bills. Im not sure where to go from here, legally, im not sure where we stand and what we can do. He is making her life a misery and I am really worried. I am sorry for the long post but i just dont know what to do anymore. Can someone offer some advice?

csgohan4

as no deed of trust was signed, he will likely get 50% assuming joint tenants.

As your likely to be within the mortgage lock out period i.e 2 year, 5 year deal, there will be an expensive Early repayment charge

In terms of selling, you may have to force a sale, but she has as much right to stay there as he does, so he cannot change the locks to block her.

Get some advice from CAB or from a solicitor

If you do not pay the mortgage, you risk repossession and trash both her and her ex's credit file making getting a mortgage very difficult in future

tacpot12

I agree with csgohan4 except that the split of equity should take into account the greater equity that your sister put in and the greater contribution she made. This is important as it will change the situation from one where your sister needs to find c£20k to buy him out to one where she will only need c£10k. Could you get a personal loan or remortgage to get £10k if she cannot? She will have to argue hard and may have to got to court, but it will be worth it for the difference it will make. Your sister needs legal advice from a solicitor. Many offer a free 30 minute consultation which is long enough for them to explain the legal proces, how they can help with it and what they charge.

If he changes the locks, she can call a locksmith out and change them again. She is as much an owner as he is. She should give him a key if she does so, and record the cost of the locksmith.

She should keep a log of everything thing he says and does, and any costs she incurs. She should also assemble her evidence to show the disproportionate initial contribution to the mortgage and the contributions she has made to date.

DUTR

LOVEHB wrote: »

I am unsure which board to post this on so apologies if this is incorrect. My sister recently purchased a house with her now ex boyfriend, she had been saving for three years and managed to save £30k he saved £3k in this time. They purchased a house and got the keys beginning of April, two weeks later he was caught with another female in the house (they werent living there as it is a reno job). Since this time my sister has obviously ended it and is absolutely devastated that her 5 year relationship is over, we are struggling to get him to be reasonable, we have had a declaration of trust drawn up by a solicitor, to which he originally agreed too and then decided he didnt want to sign, we tried to contact their mortgage lender To see if I could replace him on the mortgage (she will not be eligble to afford the house on her salary alone), unfortunately i cannot do this as i will not be living at the property with her. We are at a bit of a loss, if she wants to sell i doubt he will agree to sign anything, he has also be threatening her saying he will change the locks and trash the house, my sister has single handedly been paying the mortgage and bills. Im not sure where to go from here, legally, im not sure where we stand and what we can do. He is making her life a misery and I am really worried. I am sorry for the long post but i just dont know what to do anymore. Can someone offer some advice?

It's all confusing, she wants to sell but you doubt....?
Your friend needs to work on facts not emotion and drama, if the house was bought for massive renonovation then what is there to trash?
A newly purchased house is going not hold much in equity, after solicitor fees and EA, there is not going to be much of the deposit left, between the lines it looks like the house purchase was a business arrangement between the chap and your sister.

cattie

DUTR wrote: »

A newly purchased house is going not hold much in equity, after solicitor fees and EA, there is not going to be much of the deposit left, between the lines it looks like the house purchase was a business arrangement between the chap and your sister.

I'm confused as I don't see anything that indicates this was a business arrangement, especially as op indicates that her sister will be living at the house, but currently worried at not being able to afford mortgage alone.

Op, it sounds as though your sister is well rid of him & it's obviously a horrid & upsetting situation for her to find herself in.

DUTR

cattie wrote: »

I'm confused as I don't see anything that indicates this was a business arrangement, especially as op indicates that her sister will be living at the house, but currently worried at not being able to afford mortgage alone.

Op, it sounds as though your sister is well rid of him & it's obviously a horrid & upsetting situation for her to find herself in.

You are right to be confused, as for not seeing a business arrangement?
She has a 10* deposit compared to the other party (hardly worth sharing the purchase) .
It was mention the house was to be renovated so hardly sounds like a dwelling to be lived in.

I don't think the new lady just appeared in the 2 weeks and was probably around for some time prior.

I see the whole episode of 2 people probably out to use the other and HE got there 1st.

Thrugelmir

LOVEHB wrote: »

we have had a declaration of trust drawn up by a solicitor, to which he originally agreed too and then decided he didnt want to sign,

The ex should have sought independent legal advice before signing anything. If he did. Then this may explain why he declined to sign. Unfortunately without a signed DOT a 50-50 split of the equity may be the easist way out. As the costs involved in a court hearing will outweigh any potential gain.