# Joint owner of house not paying her share



## mc calls ann (2 Sep 2010)

Hi All, New to this site but happy to have found it!

Got a dreadful situation regarding a joint mortgage I have with a friend so any advice would be greatly apprehiated 

Bought a house 2.5 years ago, paid 450000 for it. Told by my friend 1.5 years ago she wanted to sell, I refused, we fell out. She left the house and I have made all payments to the bank since. We are down 100,000 in negative equity currently and the bank made an offer to us that they would remove her name if we both paid off the negative equity. I am willing to go with this as a means to resolve the situation but she is refusing, saying that she 'cant' even though I know that she can. I'm npw stuck and have been told by the bank that theres nothing more they can do.

My options, it looks like are to sell or let the house be reposessed, and get black listed, or continue to pay the mortgage while she sits pretty. 

I'm currently living below the breadline paying as it is, what can I do????


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## goingforgold (2 Sep 2010)

So have you 50K to clear your part of the negative equity? That's a start. Then you can begin to try and pursuade your friend that it's the best thing to do. Or else you need to seek legal advice as you can't continue to pay for a house that she also owns!


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## millieforbes (2 Sep 2010)

what's her logic in not paying her half of the mortgage? I presume you signed an agreement when you bought the house that meant should one person want to sell the other would be given first refusal on buying out the first person but if they could not do this the house should go on the market? did you take any legal advice?

what was your logic in not selling? could you manage the repayments on your own at the time? 

are you up to date with your mortgage at the moment? or are the bank chasing repayments also?

Is renting a room an option in the short term?


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## truthseeker (2 Sep 2010)

There was a thread here recently from a guy in a similar situation, his was a relationship break up, but same basics, he was paying the full mortgage while the ex did nothing etc...

He went to a solicitor and the solicitor said they would get a court order instructing the ex to pay her share. So you could try that?


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## Brendan Burgess (3 Sep 2010)

I can see both sides of this story. 

Why did you refuse to sell? Did you have a written agreement when you bought the house together?  

Your refusal to sell has cost your friend a lot of money. 

Have you a mutual friend who could mediate on this? 

Brendan


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## mc calls ann (3 Sep 2010)

thanks for all the advice guys, will try answer all the q's.

right, why didnt i sell when she sugguested? well i didnt have any cash after only a year into such a big mortgage, and i was in shock as to the suggestion we should sell with (at that time a 60k loss)

we both appointed solicitors at that time and have been dealing though them sporadically over the last 18 months. During which I was lead to believe that this person wanted to sort the situation just as much as I did.

Last November we made an application to the bank if we paid the negative equity then (60k) between us, which was agreed and we both got our own loan approval for then would then consider giving me a new mortgage, but then declined to assist at that point.

That's why I was lead to beleive once the bank agreed to the deal then we were both sorted. If the house goes on the market we are likely to be in death of 70k + each so the easier option for her is to pay her 50k and get her name removed. I offered to pay the 50k and let her take the house but this was refused.

I have had tennants in the house but the rental income isnt enough to put up with the hassle, in my opinion, then again I havent been lucky with tennants.

We had a co-ownership agreement which does state that if one person wants out then the other person be given first option to 'buy out' the other person's interest. Could this be used in court?

If not then maybe I should apply to the courts for the particion act to apply which means the house will be sold and the bank will come after us both for what's outstanding. which will be a lot more than 50k.


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## goingforgold (3 Sep 2010)

you say you didn't have any cash after a year into the mortgage, yet 1.5 years later you have 50K. Do you actually have this or are you relying on a separate loan? This is important as you may not get this loan, in fact almost certainly wouldn't!


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## Maynooth (3 Sep 2010)

Why did you buy the house? Was there a long term plan in place to live together?


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## mc calls ann (6 Sep 2010)

hi, thanks for the replies, yes the plan was to live in the house. obviously at the time we had no idea how much the house prices would drop.

no, ive had to ask my parents to help me out, and the fact that they've witnessed me struggling the last 18 months makes them want to help me even though its stretching themselves to the max


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