My ex is trying to force me to sell
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Blar
Posts: 9 Forumite
I have always paid the morgage and bills as my ex couldnt be trusted with money. Hes moved out and back in so many times due to cheating ive lost count. Now ive called time and refused to have him back hes tried to force me to sell. We have 2 children together and they live with me. He finally agreed i could take his name off the morgage but only if im not aloud to sell the house untill our small children are 18. Then they would get half of the proceeds. Can he do this ? Can he force me to sell when ive always paid the morgage. Hes trying to control me and ive had enough. I cant afford to sell or remorgage as hes left me clearing up debt
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Were you married?Unless I say otherwise 'you' means the general you not you specifically.0
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Will the lender allow him to remove his name, have they confirmed you qualify for a mortgage in your sole name?0
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No we werent married0
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The lender wants me to do an affordability check i know i can afford it as ive always paid but hes ruined my credit rating and ive defaulted. Im clearing the debt hes left me in through stepchange and am managing to pay everything. Its just pursuading the lender to agree0
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Making the mortgage payments each month is not the same thing as passing the lender!!!8217;s affordability tests.
If you ex jointly owns the property you can!!!8217;t prevent him from entering the property without a court order. He can also take you to court to force the sale of the property if he wants but that will take a long time and is expensive.
Is there a deed of trust setting out what will happen in the event of a relationship breakdown?0 -
No i dont belive a deed of trust has been set out. If he did take me to court would the judge look favourably on myself because ive always paid the morgage or doesnt that matter. Hes threatened to throw me out at the end of the month if i dont get this sorted and he move back in. Hes a drug addict on a suspended sentence whos under compulsary drug councilling . Ive suffered domestic abuse and been landed with debt. Im hoping i have a case if needs be0
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Have you spoken to Womens' Aid? They may be able to advise.0
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He finally agreed i could take his name off the morgage but only if im not aloud to sell the house untill our small children are 18. Then they would get half of the proceeds.
However, what that 50% that he could claim would only be for time you bought the house together to the time he's taken his name off the deeds not 50% of the entirety of equity.
When did you purchase the property and who paid the deposit? The fact that he didn't pay the mortgage because he wasn't good with money is irrelevant, you were a couple and jointly responsible, so legally, he could claim 50% of equity build up until he moved out as a minimum (and possibly the deposit if he paid it in full).
If you work and could afford a mortgage to another property on you own that would accommodate the need of the children, then a judge could order the sale of the house and him getting his 50%.
The easiest way to resolve this is to agree the sum that he would be reasonable entitled to if you sold now, and then agree that when you sale the house, that sum goes into a trust fund for the children if you sale before they turn 18, or release to them when they are 18.
In the end, it's either him getting that sum at some point, or it going to your kids, so you might negotiate something that support the second suggestion.0 -
The lender wants me to do an affordability check i know i can afford it as ive always paid but hes ruined my credit rating and ive defaulted. Im clearing the debt hes left me in through stepchange and am managing to pay everything. Its just pursuading the lender to agreeMaking the mortgage payments each month is not the same thing as passing the lender!!!8217;s affordability tests.
My friend was in a similar situation.
Ex had left her, she was paying the full mortgage on her own.
The lender refused to take his name off the mortgage.
So she had to continue paying the mortgage.
The scumbag wouldn't even allow her to renegotiate a better deal when the original one had expired.
Don't hold out much hope for your lender to agree.
And she was forced to put the house up for sale, even though her children were of school age.
I believe she had a rubbish solicitor, possibly because she was on legal aid.0 -
The debts you are paying off
Are they in joint names? / just his name? / or just your name?Breast Cancer Now 2022 100 miles October 100 / 100milesSun, Sea
2024 7/28 lbs to go.0
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