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Avoiding reposession

I have a joint interest only mortgage which ends at the end of  March. I live in the property with my grown up daughter. My husband lives in France. A couple of years ago I tried to get a divorce but he wouldn't engage with me or any correspondence from solicitors and I then heard he had tried to take his own life, so I stopped proceedings. 
Now I need him to sign papers so we don't lose the house. Equity release seems to be the best option. I have offered him money from this but no response. I could remortgage part myself and family repay the rest but again need him to agree. 
I would really like to hear any options that would help and also if the house is repossessed where my daughter and I go while the finances are being sorted. Thank you.

Comments

  • born_again
    born_again Posts: 22,069 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    In reality if they need to sign something & they are not replying to you. Time for a trip to France & the in person to sort it out.

    House repossession is not a quick process & is the last resort.

    So speak to the lender now & see what help they can offer.
    Life in the slow lane
  • silvercar
    silvercar Posts: 50,195 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Would he need to sign if you remortgaged? If you repaid the current mortgage it would disappear, though the lender on the new mortgage may be unhappy if his name is still on the deeds.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Emmia
    Emmia Posts: 6,549 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    edited Today at 6:14PM
    silvercar said:
    Would he need to sign if you remortgaged? If you repaid the current mortgage it would disappear, though the lender on the new mortgage may be unhappy if his name is still on the deeds.
    Is the problem then that having avoided repossession, the ex in due course comes knocking for their "share of the property" as they're still on the deeds. 

    OP, you've paused the divorce but what's your plan going forward as this relationship is clearly over. I'm not sure personally I would have paused because of a suicide threat / failed attempt.

    Without being heartless he might have gone through with it, or he might not... But ultimately he's a grown up and responsible for his decisions. Although I appreciate that this is easy to say if you're not the one in the relationship.

    Also do you have a will that cuts your ex out in favour of your child?
  • user1977
    user1977 Posts: 18,734 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    silvercar said:
    Would he need to sign if you remortgaged?
    Yes, all the owners need to sign any legal charge over the property.
  • teadrinker24
    teadrinker24 Posts: 8 Forumite
    Second Anniversary First Post
    Thanks for your responses. 
    I think the signing needs to happen in this country which adds another complication.
    Just seems unfair to be made homeless because he won't sign
  • Emmia
    Emmia Posts: 6,549 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    edited Today at 6:58PM
    Thanks for your responses. 
    I think the signing needs to happen in this country which adds another complication.
    Just seems unfair to be made homeless because he won't sign
    You have a joint mortgage, which makes both of you jointly and severally responsible for paying the amount owed to the bank when your current IO deal ends. 

    I think you need to go to France to see him, to sort this out. Alternatively you need to let the repossession happen and when the house is sold, you'll hopefully get some money from the difference in the amount you owe vs. the sale price. Your ex will also receive money in this scenario. 

    Unfortunately there is no easy option here that avoids you engaging with your husband...
  • user1977
    user1977 Posts: 18,734 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper

    I think the signing needs to happen in this country

    Why do you think that? Property deeds of all sorts are routinely signed abroad.
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