Joint mortgage with ex-boyfriend, house in negative equity

[seahawk]

This is an interesting situation, if you go into court for a divorce, I presume the judge can decide who takes ownership of a property, but the court cannot oblige a bank to let your ex off the mortgage and allow you the full mortgage I wouldn't have though. I wonder have there been any court cases on this

Hi Bronte, this is really interesting in realtion to the law, I have been researching some case law going back to 1919 and 1970 not really anything relevant in recent history as the law is pretty clear, in that when we applied for the mortgages there was no intention to create legal relations. Therefor a husband can not sue a wife or vice versa as no legal contract exists. I do think it would be worth revisiting but solicitors are not really interested in moving outside their law comfort zone.

In my case there is no kids we were dual income no kids (DINKS) the house is 75 k down and the site 35 k down but am willing to take the house and the bank are happy to allow this but my ex wants me to take all the negative equity and will not sign an agreement unless I take the site too, I think this is unfair, both properties are on the market but there is no interest, even if there was I could never handle all that negative equity on my own.


I would be interested to hear if anyone else is in the same type of situation and what type do advise they received from their solicitor .

 

[Bronte]

Seahawk sometimes in life things are not fair, or do not seem to be fair. If the price to have a peaceful life is to take over all the debt, and if you can afford it, and your ex is willing for you to do so, and if he cannot hope to repay it then maybe you have to bite the bullet. But don't have regrets. It is far better to move on.

 

[Sara]

and the situation gets worse...the ex has threatened to move in to my home after splitting up 4 years ago. Since then I have paid mortgage fully every month. He says he will move in but wont pay anything to mortgage. I have contacted solicitor and unfortunately it seems he is entitled to move in. Im at a complete loss now. When we split up he had every option to choose from, he chose to move out and sign form saying he had no interest in the house. Unfortunately bank wont take his name off mortgage. I am meeting with them again tomorrow. Now he is desperate and unreasonable. So what happens? I have paid full mortgage for 4 years. I have to let him into my home? He lived in it 4 years ago for about 2 months. I cant afford court costs. Help, please.

 

[Mrs Vimes]

I have contacted solicitor and unfortunately it seems he is entitled to move in.......he chose to move out and sign form saying he had no interest in the house.

Has your solicitor seen this form? Was it drawn up by a solicitor? Was it witnessed? Did he also get legal advice at the time?

I would assume if he has relinquished his interest in the house then he can't move back in?

 

[partnership]

My advice is to apply for bankruptcy whent he new laws come in and give back the house. There is no way that I would allow someone to live in my house in this situation, take notes of anything he is saying that may be used for a barring order if need be. If there is not other option then you should consider doing a divide to the house even if it is with temporary partitions so you do not have to have any interaction, including separate metres and heating. Do not pay the mortgage, lodge part of the mortgage into a separate account in your name so it can be used in the future if needbe.

Anyone thinking of buying in the future with a partner do not - wait until you can buy in your own name!

 

[Alexmartin]

Sara
I heard about a case last week from solicitor friend of mine which you might be interested in.

Someone was in a similar situation to yourself.
They had some savings and a family member who agreed to support them for a while in the UK.

They withdrew the savings in cash gave it to the family member in secret.
So they had nothing left. Then moved to the UK to wait out the waiting period in order to take advantage of the bankruptcy laws there.

While there the family member sent them money every week to keep them going until it all went through.

As far as I know now, the ex owns the house outright. No debt is owed by the person who went to the UK. And they are starting their life again.


Now thats just recounted from memory of a conversation, but you should look into this. Talk to someone in the know who can advise you if it suits your situation and verify if it can be done. I know you would have to give up a public service job, but it may be worth it to get out of debt.

 

[Importer]

Unfortunately, lots of similar type situations of this at the moment.

I am very sympathetic to OPs situation however there is one element that is often overlooked.

OPs ex is not paying the mortgage and neither is he receiving any rent from the OP for occupying his half of the house. Surely if the "non-occupying" ex is expected to pay half the mortgage then he should also be entitled to receive some rent from "the occupier"

 

[Aw7666]

All - what was resolution for this? I have same issue too and banks are not being that helpful...

 

[Brendan Burgess]

I have started a separate thread on this topic.

Side agreement with ex, where the bank refuses to allow one to take over mortgage?

Have any of you progressed this matter?

 

[batman1]

Has there been any update on this ????

 

[CMOS11]

I took out a joint mortgage with partner in 2008. In 2009 we split up. Since then I have lived in house and paid mortgage on my own. I acknowledge my resposibility in that contract was signed etc. The house is probably 150, 000 in negative equity. I have a permanent public service job. I cannot take over mortgage in my own name (despite reaching monthly payment for past 3 years), cannot sell as in negative equity, but I don't want to be tied to ex forever...Bank unwilling to offer any way out. I am willing to keep paying mortgage but obviously dont want ex's name on deeds if Im only one paying for house. Any advice please?

I took out a joint mortgage with partner in 2008. In 2009 we split up. Since then I have lived in house and paid mortgage on my own. I acknowledge my resposibility in that contract was signed etc. The house is probably 150, 000 in negative equity. I have a permanent public service job. I cannot take over mortgage in my own name (despite reaching monthly payment for past 3 years), cannot sell as in negative equity, but I don't want to be tied to ex forever...Bank unwilling to offer any way out. I am willing to keep paying mortgage but obviously dont want ex's name on deeds if Im only one paying for house. Any advice please?

If you are still on the site. Have you reached a resolution. I'm in a similar position and feel like I've been banging my head against a wall for last 2year's