Ex-Partner not playing ball

smelly_bum123

Hi


I have an issue that I was hoping someone could help with.


My ex-partner and I split up a few months ago with him moving out after being found guilty of ABH against me. He has since stopped paying the mortgage leaving me to pay on my own. It's a bit tight but I can manage for now. We are both Joint Tenants.


My mortgage is coming up for renewal and I am now aware that the revised payments will increase significantly upon renewal if I chose not to act. If I switched, I would be better off than what I currently am.


The issue I have is that my ex-partner is unwilling to move to the lower rate in spite - he wants to see me financially ruined.


The question I have is: Can he be forced to move to a lower rate? I heard on the grapevine that a new law is (possibly) in place whereby the mortgage can be switched without his consent?


There is no reason why he is not agreeing to this other than spite.


Any insight will be realty appreciated

Thrugelmir

smelly_bum123 wrote: »

The issue I have is that my ex-partner is unwilling to move to the lower rate in spite - he wants to see me financially ruined.

One assumes that he also wishes to be removed from the mortgage.

He has since stopped paying the mortgage leaving me to pay on my own.

Still has to pay for his own housing costs.


What are your plans for the future? You may then get some co-operation from your ex. As long as the property remains in joint names you'll continue to have an association.

sal_III

Re-mortgage with different lender is out of the question IMHO. I can't see a law that could force your ex to sign a new contract.

Your best bet is online retention product with your current lender for a new fixed rate period.

If he is not "playing ball" and you can't buy him out and take on the full mortgage, I would suggest you look to sell the property ASAP and sever all financial ties with that individual.

smelly_bum123

To be honest - I don't know what he wants.


I made an offer to buy him out a few months ago - his solicitor came back with disagreeing the basis of calculation from my solicitor. This was then put on hold pending the court case but nothing has been forthcoming since even though I have chased numerous times. It doesn't seem right that he can just not respond after all this time.


I get the point about him having to pay his own housing costs - but his name is still on the mortgage as a Joint Tenant. I don't want him to be out the streets or anything like that, I just want him to do the right thing.


Co-operation with the ex is out of the question. Solicitors are involved but their fees are crippling - I'd image for both of us. Which is why I am asking if anything further can be done. It doesn't make sense for him to deny me the opportunity of paying less. If I cant afford to pay, he will be chased by the banks as well.


I can afford to pay the mortgage if I was given the chance to.

DE_612183

Best bet is to get your solicitors to force the sale, it can take a while - also he needs to realise that if the mortgage defaults ( which may bee your only course - it ruins him as well as you ).

smelly_bum123

I don't want to force the sale though - I paid all of the deposit, put my heart and soul into making it a home and my son and I are happy with the area and neighbourhood.

Socajam

If you don't want to force a sale, sit tight for a while and keep paying the mortgage
If you keep pressuring him and putting his back against the wall, you will get the answer you are receiving now.
Sometimes you have to lay off a situation and let the other person come to you, it may take a while, but in the end you may get what you are offer.
Stop increasing your legal fees by getting your solicitor to write to him, give him a cooling off period, maybe until after Christmas and then review the situation again.
You have to bear in mind that right now he is very bitter and he may look at this as you harassing him.
You may have to eventually sell the house,or he may finally see sense and accept your offer.

sal_III

If you can afford and want to buy him out, but he is not communicating, due to stubbornness/spite etc. Try approaching him through a mutual friend and explain that a court battle over this only benefits the solicitors and you are both losing money. If he is reluctant, try offering slightly more than his "fair share" just to get it done. It will "leave bad taste in your mouth", but could be cheaper than a court battle and better for your mental health in the long run.

Thrugelmir

Can you obtain a mortgage by yourself. You say money is tight. Which suggests that affordability may well be an issue from a mortgage lenders perspective.

smelly_bum123

Many thanks to all of your responses so far.


Thrugelmir : Yes, I can afford a mortgage on my own. However, when the payment goes up, it'll be very tight. The mortgage payments go up the best part of 35%! Even then, I'll still be able to afford payments albeit leaving me with little wriggle room. I have some money set aside to pay him off. I also have a lump sum which will clear a third of the existing mortgage, leaving me in a position to easily being able to afford repayments.


sal_III: I do not have any mutual friends to bounce along with. His friends stayed his, and mine remained mine. To be honest, our friends never mingled too much anyway. Unfortunately, the use of a mutual friend to act as a go between is sadly out of the question. Even official mediation is off bounds due to him having an order to stay away from me handed over to him by the court. The temptation is to seek out what he wants and "be done with it". However, as his current employ is due to finish shortly, I am hoping (stupidly perhaps) that with Xmas coming up, he may be more forthcoming in accepting what was a fair offer before.


Socajam - no pressure has been applied to him whatsoever. I have accommodated all his wishes ie wait until the court case is over but there is still refusal to act on his side. I have been extremely patient given the circumstances and it was only what I heard regarding the possibility of something being out there in terms of being able to move to the best rate automatically without his consent that I decided to come on here as I couldn't find anything online.


I called CAB, Money Advice Service and a few other places - none of which could help.


Thanks for listening

Neutrinno

smelly_bum123 wrote: »

Many thanks to all of your responses so far.


Thrugelmir : Yes, I can afford a mortgage on my own. However, when the payment goes up, it'll be very tight. The mortgage payments go up the best part of 35%! Even then, I'll still be able to afford payments albeit leaving me with little wriggle room. I have some money set aside to pay him off. I also have a lump sum which will clear a third of the existing mortgage, leaving me in a position to easily being able to afford repayments.

I think Thrugelmir is referring to being able to afford (in the lenders perspective) to take on a mortgage yourself anyway. If money is tight now, would you be able to pass lenders affordability calculations now to take the mortgage on in your sole name?