Frang
Player Valuation: £70m
oh you lil bitch
Legal advice
- Thread starter Nobby Nobbs
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oh you lil bitch
larrygobfiend
Player Valuation: £40m
Did you pay any of the deposit? Also how many years worth of mortgage payments have you made. It sounds to me that he should actually pay YOU to get you off the deeds. Also, he should pay the solicitor fees to do it. At the end of the day, he gets a house and as it stands you get sod all. Force a sale if he behaves like a bell.
There isn’t an easy way out of this. Sorry to be blunt.
As it stands you have an equitable standing in the house but at the same time you are equally liable for the debt. If he, or you, don’t fulfill the mortgage agreement then the house will be repossessed but you know that.
One suggestion I would make. Spell it out financially to your ex. Put it in writing in simple terms. How much is owed against how much the market value is. He may not want to move but finding a house while evicted and blacklisted is not a place you want to go.
Both of you have a chance to move on and hopefully break even financially. Forget any emotional stuff, just put the numbers on paper.
Reidy's Bottle Of Grecian
The Unobstructed View
Go to court & get awarded the house for you & child, he might even have to keep paying towards it.
Have you spoken to the CAB?
Generally the best people to speak to.
But yeah, there are no easy options, you just have to tell him, he either sells or pays to remove you, there is no other option.
Generally the best people to speak to.
But yeah, there are no easy options, you just have to tell him, he either sells or pays to remove you, there is no other option.
The binman chronicles
Player Valuation: £80m
Sorry to hear your predicament. Do you know roughly how much equity is in the house? The answer to that question would greatly influence the decision he would make to this proposal, if I were you I would give him an ultimatum that he sells and pockets any equity (very generous of you by the way) or you have to take him to court to force a sale in which case you will take your half of the equity in order to pay for the legal fees. With him also having to get representation and the fact he would probably lose the case it would eat into any profits that could at least make his life easier afterwards.
If he is sensible he will reluctantly agree to sell without going through the courts. I'm advising the above based on he is semi reasonable and is not violent or likely to be aggressive should you give an ultimatum. In my book he should be thankful to you that you have enabled him to live in a house he can't really afford for x amount of years more than he should of. Best of luck.
Foot Long Hot Dog
Player Valuation: A packet of pork scratchings
Have you had to make any arrears payments since you left the property, or has he eventually managed to sort it out on his own?
Are there currently arrears on the mortgage account?
The liabilities are joint, but so is any equity, if you’re living with the risk of being held over the coals for arrears then you should have no issue with taking your share of the equity at some point either imo. It needs to go so you can get on with your life, so if his current circumstances won’t allow the removal of your name from the mortgage, that’s his problem not yours. A court would highly likely force a sale, due to the fact he’s presumably paid 6 years of payments on his own, and depending on who funded the deposit etc, might affect your share of the equity, but if you’re prepared to be flexible (which you obviously are, then it’s not an issue) but don’t walk away with nothing, as you’ve taken years of stress over it.
Take an hours legal advice, get them to send him a letter threatening court action and then try and get him to see sense and reach and agreement out of court. Ultimately he’s living in something his current circumstances don’t justify and that’s not your problem.
I had an issue after I got divorced years ago and I paid her off, but stupidly left her name on some rentals we had. Years later when I tried to dispose of them she wanted half of the equity despite paying nothing towards any of them, ever, and me already paying her to take account of it once! She saw sense in the end, but it took me to do exactly what I’ve just advised.
magicjuan
Player Valuation: £60m
You would have to evidence commitment against collateral from the start. Payments made by you both, when they ended, this would need to be clear as to council tax, water rates etc, if your name is on the accounts or at what point you ceased to be liable, this will be needed in the future when it goes tits up.
You need to inform him clearly of your intent, if you're prepared to walk away from any claim on the property, just toeget unshackled and have control over your credit facility (because at this point you don't), and then 'negotiate'. Once you feel an agreement is close you need to have it in a formal, legal process.
By what's been posted you have the upper hand, but the longer you leave it, or don't make a claim on dues or sever liabilities then you will be caught in a mire you will struggle to get out of.
You need to inform him clearly of your intent, if you're prepared to walk away from any claim on the property, just toeget unshackled and have control over your credit facility (because at this point you don't), and then 'negotiate'. Once you feel an agreement is close you need to have it in a formal, legal process.
By what's been posted you have the upper hand, but the longer you leave it, or don't make a claim on dues or sever liabilities then you will be caught in a mire you will struggle to get out of.
All I'd say is to get it sorted as quickly as possible for your own financial future, even if it does mean some difficult decisions and legal support.
My wife endured a similar situation to your own with her ex-partner and unfortunately it still impacts on her and our lives to this day.
Basically, she moved out and relinquished her claim on the house, but he defaulted on payments and hid this from her including correspondences.
Although she paid off her side of the arrears with my help, he took bankruptcy and allowed the house to be reposed by the mortgage company.
This had a huge impact on her credit history, which ultimately resulted in our current mortgage being forced to be purely in my name.
My wife endured a similar situation to your own with her ex-partner and unfortunately it still impacts on her and our lives to this day.
Basically, she moved out and relinquished her claim on the house, but he defaulted on payments and hid this from her including correspondences.
Although she paid off her side of the arrears with my help, he took bankruptcy and allowed the house to be reposed by the mortgage company.
This had a huge impact on her credit history, which ultimately resulted in our current mortgage being forced to be purely in my name.
I specialised in criminal law - the OP's issue is something I have no experience of at all.
I did notice the reference to the husband having remarried - this suggests that there was a previous marriage, and therefore a divorce. I would imagine that the issue of the house (and any mortgage) would have at least been touched upon during the divorce? It's been well over a decade since I looked at any family law, but I thought that was pretty standard. I would also echo the advice given by others on here - reach an amicable agreement and get the solicitors / courts to rubber-stamp it..... if you get into a protracted dispute about financial assets, only those paid by the hour ultimately win.
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