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  • FIRST POST
    • Marko2315
    • By Marko2315 11th Oct 18, 2:51 PM
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    Marko2315
    Trapped and canít move on!
    • #1
    • 11th Oct 18, 2:51 PM
    Trapped and canít move on! 11th Oct 18 at 2:51 PM
    Hi, my partner and I are really in need of some help and advice. Iíll try and keep a long story brief.

    Both my partner and I have previously been married and at the time of writing are still legally married but instigating divorce proceeding with our respective ex partners.

    I have sold my marital home and my ex wife and I walked away with a small amount of equity but essentially both able to move on without any ties other than the two children we have together.

    My partners situation is more complicated in that the house she lives in is owned by family and paid for outright without any mortgage. She does not pay rent. Her ex husband is living in the original marital home with his new partner with the property on an interest only mortgage that both he and my partners name is on.

    The issues have arisen in that we want to buy our own house together but canít do so whilst her name is on the other mortgage. The house is in negative equity and the lender TSB will not allow her ex husband to take sole responsibility without a re mortgage. This apparently means clearing the negative equity and him generating a 10% deposit. We have offered to pay half the negative equity but still he is dragging his feet and being awkward, stating that the house has now been valued for less and he hasnít got the money.

    What can we do?? We canít give him more money and donít know where to turn. Until my partners name is off the mortgage we canít move on with our lives and get our own house fit for our personal circumstances and family size. All I can think of is that my partner tells him that the house must go up for sale and that they split any negative equity. Whatís peopleís thoughts? Obviously we run the risk of him sabotaging any potential sale as he is quite happy with the current arrangement. This is a massive concern. Thanks in anticipation.
Page 1
    • Caz3121
    • By Caz3121 11th Oct 18, 4:01 PM
    • 11,592 Posts
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    Caz3121
    • #2
    • 11th Oct 18, 4:01 PM
    • #2
    • 11th Oct 18, 4:01 PM
    how are they dealing with the financials for the divorce? I would have thought her solicitor would be best to advise what options there may be
    • silvercar
    • By silvercar 11th Oct 18, 5:49 PM
    • 38,280 Posts
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    silvercar
    • #3
    • 11th Oct 18, 5:49 PM
    • #3
    • 11th Oct 18, 5:49 PM
    Why can't you move into your partner's current home?

    If your partner's ex can't afford to pay half the negative equity and generate a 10% deposit, you can't force him.

    If he can't find half the negative equity (and any selling costs that you and your partner can't or won't find) then you all may not be able to sell.
    • Thrugelmir
    • By Thrugelmir 11th Oct 18, 6:47 PM
    • 61,299 Posts
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    Thrugelmir
    • #4
    • 11th Oct 18, 6:47 PM
    • #4
    • 11th Oct 18, 6:47 PM
    You'll have to settle the negative equity in full in order to move forward. Or wait till the property increases in value.

    Is your partner contributing to half the mortgage?
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • Marko2315
    • By Marko2315 12th Oct 18, 7:15 PM
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    Marko2315
    • #5
    • 12th Oct 18, 7:15 PM
    • #5
    • 12th Oct 18, 7:15 PM
    The house is too small and between us we have 3 children. So am I right Iím thinking he has us over a barrel and calls all the shots because he wonít stump up his half of the negative? Does anybody know anything about orders to sell? Surely this would apply in these circumstances or proceeding with the divorce on the grounds of unreasonable behaviour. Is my partner expected to remain on this mortgage for the rest of her days? Thanks
    • Marko2315
    • By Marko2315 12th Oct 18, 7:17 PM
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    Marko2315
    • #6
    • 12th Oct 18, 7:17 PM
    • #6
    • 12th Oct 18, 7:17 PM
    Oh and no she isnít but is allowing his partner to live there free of charge when I guess technically she could ask she pay rent! I apologise if I seem to the point but I donít see any reason why she should pay towards a house that she is getting no benefit from that he is living in with his new girlfriend. Anybody disagree? Thanks for the replyís
    • Marko2315
    • By Marko2315 12th Oct 18, 7:19 PM
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    Marko2315
    • #7
    • 12th Oct 18, 7:19 PM
    • #7
    • 12th Oct 18, 7:19 PM
    Legally there must be something we can do to force a sale of the house if he won’t remove her name.
    • AnotherJoe
    • By AnotherJoe 13th Oct 18, 12:34 AM
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    AnotherJoe
    • #8
    • 13th Oct 18, 12:34 AM
    • #8
    • 13th Oct 18, 12:34 AM
    Legally there must be something we can do to force a sale of the house if he wonít remove her name.
    Originally posted by Marko2315

    Yes there is. See a solicitor, go to court, get a court order to force the sale. Someone will have to pay for that, I've seen costs of c £10k bandied around here. If the ex is seen as being obstructive it will be him. If the solicitor agrees you are in a good position to force the sale then perhaps ex to be will decide he'd rather not pay an extra £10k on top of other costs and will give in, eg maybe as often happens in these type of circumstances he will mysteriously find the money to clear the NE.
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • Marko2315
    • By Marko2315 15th Oct 18, 9:46 AM
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    Marko2315
    • #9
    • 15th Oct 18, 9:46 AM
    • #9
    • 15th Oct 18, 9:46 AM
    Thank you very much for your reply. That makes sense and if I was in his position Iíd definifitely find the deposit to make a remortgage work and spend the money staying in the home I wanted to be in, rather than spend thousands on legal fees only to have to sell the house and find thousands more setting up a new home. Either way it is going to cost us all money. Thanks again
    • TrickyDicky101
    • By TrickyDicky101 15th Oct 18, 10:39 AM
    • 3,207 Posts
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    TrickyDicky101
    The problem with going to court is that any up front costs incurred will need to be paid for - do you have £10k sat around that you can blow on doing that? Whether or not - ultimately - your partner's ex is made to foot the bill is irrelevant if he doesn't have the money to pay. You will still need to have paid it up front.
    • AnotherJoe
    • By AnotherJoe 15th Oct 18, 10:53 AM
    • 11,833 Posts
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    AnotherJoe
    The problem with going to court is that any up front costs incurred will need to be paid for - do you have £10k sat around that you can blow on doing that? Whether or not - ultimately - your partner's ex is made to foot the bill is irrelevant if he doesn't have the money to pay. You will still need to have paid it up front.
    Originally posted by TrickyDicky101

    I dont think the upfront costs are £10k. I think if thats if you go the whole hog. The threat of it and a smaller sum spent stating the process may make ex move into gear.


    Of course, if ex wont play ball then yes they will need the whole sum.Need to speak to their solicitor. Sounds like spending that would be worthwhile compared to sticking with the status quo for how long? 10 years? 20 years?
    Last edited by AnotherJoe; 15-10-2018 at 11:03 AM.
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • TrickyDicky101
    • By TrickyDicky101 15th Oct 18, 11:16 AM
    • 3,207 Posts
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    TrickyDicky101
    It would certainly have the benefit of drawing a line in the sand and not leaving an open-ended financial link in place. But the OP does need to understand the potential consequences - such as there being no concept of OP's partner's share of the negative equity. It's potentially all her's. Any legal costs incurred by OP/the partner may not be recoverable irrespective of whatever the judge's order is.

    It could be a very expensive process.
    • financegeek
    • By financegeek 15th Oct 18, 12:33 PM
    • 85 Posts
    • 107 Thanks
    financegeek
    Just a thought and not sure it'd work, but could your partner afford to clear the negative equity in full and give the ex partner the 10% deposit required to remortgage?

    They could then put a charge on the property for the deposit + 50% of the negative equity. That way if the ex ever decides to sell, your partner would get the money back from the sale / ex (if still in negative equity).

    not sure if mortgage lenders would like it and depends on you having enough liquid cash upfront to buy your new property, but might be something worth considering.
    • Pixie5740
    • By Pixie5740 15th Oct 18, 1:24 PM
    • 13,353 Posts
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    Pixie5740
    How is your partner being named on a mortgage with her husband preventing you and your partner getting a mortgage for a difference property? Lots of separated and divorced people are named on two mortgages.

    FYI your partner is not legally entitled to charge her husband's partner rent for living in the property, technically or otherwise.
    • AnotherJoe
    • By AnotherJoe 15th Oct 18, 5:56 PM
    • 11,833 Posts
    • 13,780 Thanks
    AnotherJoe
    How is your partner being named on a mortgage with her husband preventing you and your partner getting a mortgage for a difference property? Lots of separated and divorced people are named on two mortgages.

    FYI your partner is not legally entitled to charge her husband's partner rent for living in the property, technically or otherwise.
    Originally posted by Pixie5740

    And lots arent, because of affordability. Its a common issue posted here Pixie.
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
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