Mortgage Prisoner

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Sparkle_Girl
Sparkle_Girl Posts: 4 Newbie
in Mortgages & endowments
This is my first time post so please be gentle.

Split up with my partner of 10 years in 2016. Shortly after the split he badly assaulted me and now there is absolutely no contact due to ongoing non molestation orders etc.

He still co-owns my house and we have a joint mortgage which I am fully paying for. He purchased his own property last year in his name which is round the corner from my house.

Through solicitors he has been offered the amount g he wants to come off the mortgage. I can afford to take this mortgage on alone. But since January he has done nothing in regards to this. Meanwhile my fixed rate mortgage ended last December and my mortgage payments have increased considerably. I can’t move house or take on a new fixed rate without his permission and I am unable to move somewhere safer.

I would like to avoid going to financial court to settle due to the extortionate legal fees. Also it seems ludicrous when he has been offered what he originally asked for.

Is there another route I can go down to stop me feeling like I am trapped?

Any advice would be appreciated.

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Comments

  • kingstreet
    kingstreet Posts: 38,767 Forumite
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    No. Unfortunately, you have accurately summed up the position and the lack of options.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • sal_III
    sal_III Posts: 1,953 Forumite
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    There is nothing you can do if he is not cooperating, without going down the legal road. Check if you are eligible for legal aid.

    Meanwhile keep evidence of all the mortgage payments, to prove the build up of equity is in your name only.
  • Gorgeous_George
    Gorgeous_George Posts: 7,964 Forumite
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    It does not need to be too expensive to go to court for a financial order. You can represent yourself with just a few hours of legal advice from your solicitor.

    Speak to your solicitor and get proper advice.

    https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

    Good luck.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • Gorgeous_George
    Gorgeous_George Posts: 7,964 Forumite
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    Make sure you have 3 x valuations of the property at the time that you took in the repayments. Keep copies of all letters and offers.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • Sparkle_Girl
    Sparkle_Girl Posts: 4 Newbie
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    Unfortunately I didn’t get valuations at the time I took on the repayments. This was 18 months ago x
  • Sparkle_Girl
    Sparkle_Girl Posts: 4 Newbie
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    Thank you. I guess to be quoted it could cost upto 15k has slightly scared me. 3 court hearings etc.

    X
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
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    15k now or a lot more in the future, with potential repo of the house if you can't pay the mortgage and damage to your credit file, get it sorted now
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • MovingForwards
    MovingForwards Posts: 16,924 Forumite
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    You can get valuations based on house prices in 2016. You need a valuation report prepared by a qualified valuer and it is admissable evidence in court.

    Good luck.
    Mortgage started 2020, aiming to clear it in 2026.
  • sparkey1
    sparkey1 Posts: 444 Forumite
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    Sparklegirl, who is your current mortgage with?
  • Gorgeous_George
    Gorgeous_George Posts: 7,964 Forumite
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    Do not panic.

    You can do the work yourself. Basic data is required. Go to your local court and set the wheels in motion. It isn’t as daunting as you may think.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
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