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ex on mortgage and deeds - not married !

samandchris
Posts: 3 Newbie

Hello everyone - I'm looking for some self-help tips! Please can you read and advise where possible.
I bought a shared ownership house 16 years ago - I paid the deposit with my savings and a gift from my father.
I was in a relationship with a guy with whom I had three children - The relationship was very abusive and after he ran up £20k of gambling debts paid off with a loan against the house, then he went bankrupt - putting the house at risk.
I managed to get him out of the house, I settled with the loan company (again with my dad's help) and I managed to stay in the house.
My problem now is - 16years on, he's never paid a mortgage payment, didn't pay a penny in the deposit, has never paid a penny in child maintenance, and has since disappeared somewhere in Brazil so is completely untraceable,
I am now stuck with a home that I can't sell or do anything with as his name is on the deeds and the mortgage - the latter is not too much of a problem as I've almost paid it off - but how do I get him off the deeds without his signature or consent?
I've approached two solicitors but both want a substantial sum upfront and I simply can't afford it.
I am happy to do as much legwork as is necessary but I just can't afford to have it done for me.
So - can anyone help me ?
Can someone tell me the process?
How do I apply to a court?
Is there somewhere I can get a sample application?
I assume its been done before - does anyone have any example cases I can read up on?
Lastly, my ex had legal costs to fight me getting him out of the home because of his abuse - I have been told this will be held against the home so even though he has never paid a penny towards it - any equity could go to pay this debt off? Is that true? - Can I do anything about it ?
I'm really sorry there are so many questions - I have been going around in circles trying to get information and I have gotten nowhere fast. I would be really grateful for any help.
I bought a shared ownership house 16 years ago - I paid the deposit with my savings and a gift from my father.
I was in a relationship with a guy with whom I had three children - The relationship was very abusive and after he ran up £20k of gambling debts paid off with a loan against the house, then he went bankrupt - putting the house at risk.
I managed to get him out of the house, I settled with the loan company (again with my dad's help) and I managed to stay in the house.
My problem now is - 16years on, he's never paid a mortgage payment, didn't pay a penny in the deposit, has never paid a penny in child maintenance, and has since disappeared somewhere in Brazil so is completely untraceable,
I am now stuck with a home that I can't sell or do anything with as his name is on the deeds and the mortgage - the latter is not too much of a problem as I've almost paid it off - but how do I get him off the deeds without his signature or consent?
I've approached two solicitors but both want a substantial sum upfront and I simply can't afford it.
I am happy to do as much legwork as is necessary but I just can't afford to have it done for me.
So - can anyone help me ?
Can someone tell me the process?
How do I apply to a court?
Is there somewhere I can get a sample application?
I assume its been done before - does anyone have any example cases I can read up on?
Lastly, my ex had legal costs to fight me getting him out of the home because of his abuse - I have been told this will be held against the home so even though he has never paid a penny towards it - any equity could go to pay this debt off? Is that true? - Can I do anything about it ?
I'm really sorry there are so many questions - I have been going around in circles trying to get information and I have gotten nowhere fast. I would be really grateful for any help.
1
Comments
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Have you tried going to Citizens Advice? Think they have lawyers as part of their teams0
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blue_eyed_girl123 said:Have you tried going to Citizens Advice? Think they have lawyers as part of their teams
0 -
I'd suggest clearing the mortgage first. Then obtaining a loan to fund your legal costs. Unfortunately you may need to settle your ex's legal bill out of the property procceds when it's sold. Sometimes you just have to bite the bullet and accept the unpalatable. Forget the money side. What you will benefit from is peace of mind. You can finally move on with your own life. Without this nagging concern at the back of your mind.0
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