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Hi Everyone,
I will keep this long ongoing saga as short as possible.
My ex partner and my self joint own a property, we have been seperated for over 2 years, we also have a 7 year old son. Both of our priorities are to my son but this house has now become an issue. My ex refuses to sell, doesn't qualify to remortage in her name (or with her dad as guarantor) and refuses to agree to let me buy the property and pay her the equity she has and move on. I want to get a mortgage with my new partner but am unable to do so. I have had legal advice from two different firms and been to the citizens advice bureau but what i gather is that without going to court and spending anything up to 20k i am not going to be able to make her sell the house. My son still lives there so i am very cautious about the situation as i want minimal disruption for him but she knows this and abuses that fact and won't negotiate with me in any way.
Has anyone been through this situation before? I feel i have exhausted all of my options.
Let me know if you can help
Hi There,
I feel your issues!!
I had to pay half a mortgage for nearly 2 years when I left my ex before she would finally release me from it.
I would say that unless she is able to buy you out then clearly you buying her out would be the best option, though if she won't allow it as far as I understand it, you can't do much unless as you say you fight through court which just isn't viable with the cost's involved.
All you can do is sit it out in the hope that she will relent sometime soon, are you still paying towards the mortgage?
Darren
Thanks Darren
I can't afford to pay towards the mortgage any more, although i did at the beginning, i just pay her CSA, i need to rent somewhere my self so with that and the cost of living and CSA theres nothing left to give. I don't know where that leaves me legally but i have wanted to sell since the beginning but she has refused and ignored me, so i will stick it out til the end.
What about mediation? I didn't stick that out but in a case like this would the possible outcome be for us to sell the property or for them to usher me to the side? I don't want to spend 5k on mediation for them to just say she can live in the house for another 5 years. What are your thoughts on this?
hi there,
Mediation will only help in promoting conversation and compromise, they aren't able to enforce anything, mediation may help in allowing the 2 of you to be able to talk and see if you can find a compromise. Having an impartial body present to try and keep things fair may be the answer.
But if you aren't able to compromise then you will just have to sit it out, I would be wary of not paying towards the mortgage and commiting yourself to rent as "IF" your ex defualted on payments legally the mortgage company would be looking to you to make them in full as well as any arrears as you are named on the mortgage. You aren't able to be released from it unless she agrees and takes the mortgage over, which as you have said she can't do.
I would also seek some legal advice with regards to safe gaurding your equity in the house as you have stopped paying the mortgage, a solicitor will be able to advise what you need to do to ensure you don't loose any money.
Darren
i appreciate your help, its been useful. I will see what a solicitor can do in regards to safeguarding my equity.
thanks
It might be worth having a word with your mortgage company. If you default, and your ex can't afford the mortgage, then the n mortgage company would repossess and sell the property, and after their charges (which would include a lot of charges relating to repossession) and the fact that you would get a lower price on the house due to a quick sale, anything left over has to be returned to you and your ex. Obviously it's more complex than I've made it sound but it could be the way to force the sale. However, one big warning, it could seriously affect your credit rating, which is why you'd need to speak to your mortgage company before doing anything.
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