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  • FIRST POST
    • Topman9880
    • By Topman9880 13th May 18, 8:42 PM
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    Topman9880
    Leaving ex partner
    • #1
    • 13th May 18, 8:42 PM
    Leaving ex partner 13th May 18 at 8:42 PM
    Hi

    First time post; any advice massively appreciated.

    So I seperated from my partner around a year, moving out. She has stayed in our home along with our daughter.

    My question is now things have subsided a little I'm looking at trying to get my own place again. However I know I won't get a mortgage due to being on the other home, I know my ex will not get granted the mortgage on her own due to income. How can I get things arranged? I'm currently still paying the mortgage on my other house but can't do this forever and will happily contribute, but I can't get another mortgage the way things are.

    Anyone been in a similar situation with any advice?
Page 1
    • ACG
    • By ACG 13th May 18, 8:44 PM
    • 17,841 Posts
    • 9,622 Thanks
    ACG
    • #2
    • 13th May 18, 8:44 PM
    • #2
    • 13th May 18, 8:44 PM
    Will the ex be willing to sell the property?
    If not, it is a solicitors jobby to go through the process of forcing the sale.
    I am a Mortgage Adviser
    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.
    • Topman9880
    • By Topman9880 13th May 18, 8:48 PM
    • 4 Posts
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    Topman9880
    • #3
    • 13th May 18, 8:48 PM
    • #3
    • 13th May 18, 8:48 PM
    She's not very keen on selling. I'm guessing forcing the sale would be a long/expensive process? Would the fact our daughter lives there have any impact? Thanks
    • Thrugelmir
    • By Thrugelmir 13th May 18, 8:52 PM
    • 61,084 Posts
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    Thrugelmir
    • #4
    • 13th May 18, 8:52 PM
    • #4
    • 13th May 18, 8:52 PM
    Do you contribute maintenance on top of paying the mortgage?
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • Topman9880
    • By Topman9880 13th May 18, 8:54 PM
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    Topman9880
    • #5
    • 13th May 18, 8:54 PM
    • #5
    • 13th May 18, 8:54 PM
    No, I pay the mortgage and some other smaller bills.
    • DUTR
    • By DUTR 13th May 18, 9:08 PM
    • 11,495 Posts
    • 6,561 Thanks
    DUTR
    • #6
    • 13th May 18, 9:08 PM
    • #6
    • 13th May 18, 9:08 PM
    She's not very keen on selling. I'm guessing forcing the sale would be a long/expensive process? Would the fact our daughter lives there have any impact? Thanks
    Originally posted by Topman9880
    It's not a matter of keen, do they expect you to live on the streets in the meantime? If you have to sell, then you have to sell.

    The state won't see them out on the streets, and the lenders want there money, emotions come second to that.
    • elsien
    • By elsien 13th May 18, 9:13 PM
    • 17,593 Posts
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    elsien
    • #7
    • 13th May 18, 9:13 PM
    • #7
    • 13th May 18, 9:13 PM
    Is the mortgage and property currently in both your names?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • MissMagpie
    • By MissMagpie 14th May 18, 11:37 AM
    • 8 Posts
    • 3 Thanks
    MissMagpie
    • #8
    • 14th May 18, 11:37 AM
    • #8
    • 14th May 18, 11:37 AM
    Morning Topman

    I left my marital home with my daughter 2 years ago (long and not nice story) with nothing. Had to present as homeless and was relocated. My ex-husband opted to stay in the property, which at the beginning I was happy to allow as I could not face any more arguing or trouble.. We saw a financial adviser later that year to see what out options were. He had no job and had recently become self-employed, so no lenders would touch him without at least a years books, so he advised he would stay in the property and continue to pay the mortgage until such a time as he could afford to move out.

    In April last year, the mortgage company contacted me about arrears on the account. Turns out that no mortgage had been paid for almost a year. AND he had not been living in the property (had a new home with another person) I contacted him and he said that he had no job, so couldn't pay. I asked him at this point to sell the property and he refused.

    I approached a solicitor on July of last year, and had to take him to court to get him to sell the house. He still would not engage with the court so the Sheriff signed the order for sale, and it all finally concludes this Friday. It has been a long process, and has cost a fair bit (I don't get legal aid) but all of this has been made much more difficult by him.

    I think your circumstances may be slightly different as there are still children resident in the property, but I don't think that you can be "held to ransom" over the mortgage. If she cannot afford to buy your share, and you cannot afford to buy hers, then the property has to be sold. That's pretty much what my lawyer said.

    I hope this helps.
    • Topman9880
    • By Topman9880 20th May 18, 9:03 PM
    • 4 Posts
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    Topman9880
    • #9
    • 20th May 18, 9:03 PM
    • #9
    • 20th May 18, 9:03 PM
    Sorry to hear about your circumstances, and although not the same, the conclusion seems similar. So thank you for your reply.
    • MissMagpie
    • By MissMagpie 21st May 18, 11:01 AM
    • 8 Posts
    • 3 Thanks
    MissMagpie
    No worries. Sorry for rambling! I think what i was trying to get to, was, if you need to sell then you need to sell, and unless there is a very good reason why she shouldn't (much better than my ex's "cos it's mine" argument!) then the likelihood is that the Sheriff could grant the order for sale.

    Timescale wise, I started this process in September last year, and the house sale just completed last week and cost nearly 2000. This was with "no contest" from him, however. If your ex contests, it may well take longer/cost more.

    Whatever you decide, good luck with it all
    • FTBNow
    • By FTBNow 21st May 18, 11:03 AM
    • 120 Posts
    • 78 Thanks
    FTBNow
    Surely it makes sense for both of you to sell up and half the equity out the house - then she can get her own mortgage or a good rental and you can go ahead with your mortgage?
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