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  • FIRST POST
    • Sparkle_Girl
    • By Sparkle_Girl 1st Aug 18, 8:39 PM
    • 4Posts
    • 0Thanks
    Sparkle_Girl
    Mortgage Prisoner
    • #1
    • 1st Aug 18, 8:39 PM
    Mortgage Prisoner 1st Aug 18 at 8:39 PM
    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 canít 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.

    X
Page 1
    • kingstreet
    • By kingstreet 2nd Aug 18, 8:42 AM
    • 34,228 Posts
    • 18,578 Thanks
    kingstreet
    • #2
    • 2nd Aug 18, 8:42 AM
    • #2
    • 2nd Aug 18, 8:42 AM
    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
    • By sal_III 2nd Aug 18, 9:58 AM
    • 651 Posts
    • 663 Thanks
    sal_III
    • #3
    • 2nd Aug 18, 9:58 AM
    • #3
    • 2nd Aug 18, 9:58 AM
    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
    • By Gorgeous George 2nd Aug 18, 12:53 PM
    • 7,792 Posts
    • 8,484 Thanks
    Gorgeous George
    • #4
    • 2nd Aug 18, 12:53 PM
    • #4
    • 2nd Aug 18, 12:53 PM
    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
    • By Gorgeous George 2nd Aug 18, 1:39 PM
    • 7,792 Posts
    • 8,484 Thanks
    Gorgeous George
    • #5
    • 2nd Aug 18, 1:39 PM
    • #5
    • 2nd Aug 18, 1:39 PM
    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
    • By Sparkle_Girl 2nd Aug 18, 2:24 PM
    • 4 Posts
    • 0 Thanks
    Sparkle_Girl
    • #6
    • 2nd Aug 18, 2:24 PM
    • #6
    • 2nd Aug 18, 2:24 PM
    Unfortunately I didnít get valuations at the time I took on the repayments. This was 18 months ago x
    • Sparkle_Girl
    • By Sparkle_Girl 2nd Aug 18, 2:27 PM
    • 4 Posts
    • 0 Thanks
    Sparkle_Girl
    • #7
    • 2nd Aug 18, 2:27 PM
    • #7
    • 2nd Aug 18, 2:27 PM
    Thank you. I guess to be quoted it could cost upto 15k has slightly scared me. 3 court hearings etc.

    X
    • csgohan4
    • By csgohan4 3rd Aug 18, 7:52 AM
    • 5,032 Posts
    • 3,209 Thanks
    csgohan4
    • #8
    • 3rd Aug 18, 7:52 AM
    • #8
    • 3rd Aug 18, 7:52 AM
    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"
    • MovingForwards
    • By MovingForwards 3rd Aug 18, 8:43 AM
    • 403 Posts
    • 476 Thanks
    MovingForwards
    • #9
    • 3rd Aug 18, 8:43 AM
    • #9
    • 3rd Aug 18, 8:43 AM
    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.
    • sparkey1
    • By sparkey1 3rd Aug 18, 7:51 PM
    • 439 Posts
    • 193 Thanks
    sparkey1
    Sparklegirl, who is your current mortgage with?
    • Gorgeous George
    • By Gorgeous George 3rd Aug 18, 10:51 PM
    • 7,792 Posts
    • 8,484 Thanks
    Gorgeous George
    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 isnít 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.
    • Sparkle_Girl
    • By Sparkle_Girl 10th Aug 18, 6:58 AM
    • 4 Posts
    • 0 Thanks
    Sparkle_Girl
    Itís with Coventry x
    • pjcox2005
    • By pjcox2005 10th Aug 18, 7:14 AM
    • 565 Posts
    • 614 Thanks
    pjcox2005
    There is no accounting for people's stubornness but hopefully if you go to court and start the process yourself then he may see sense and a deal can be done based on the original offer he made to you
    • Pixie5740
    • By Pixie5740 10th Aug 18, 7:37 AM
    • 13,129 Posts
    • 18,900 Thanks
    Pixie5740
    There have been a few threads where people have had to go to court to force a sale. Where the other party is being a stubborn so and so for even after being made a reasonable offer the judge has awarded costs against them to come out of their share of the equity.
    • Jojomissy
    • By Jojomissy 13th Aug 18, 1:54 PM
    • 37 Posts
    • 31 Thanks
    Jojomissy
    I am one of those who had to force a sale.

    My ex partner was extremely stubborn, he never opened letters, just put them in a bin liners and took them to the tip. It took 5 years to eventually get him out of the property ( he was living in it) but he was extreme. I also had the issue of our son being extremely ill on chemotherapy so I was living at the hospital mostly and had to find a rental as he changed the locks

    I had 2 court hearings, the second as the judge gave benefit of the doubt as he didn't turn up but when he failed to turn up to the second hearing the judge awarded him to pay all costs out of his share.

    It cost £6k but I did not pay due to the above. Considering the case was as long and drawn out I thought the costs were reasonable.

    My advice, start the ball rolling asap. I wish I hadn't fell for his promises of sorting things out.

    Your ex has moved on and is exerting his control. Be strong and take control of your life.

    Good Luck

    Xx
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