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I bought a house with my ex partner 5 years ago but we split up soon after and I asked him to sell the house which he refused and then said I would take the mortgage over but he said he would pay it off. Some years later I recieved a letter from the mortgage company saying there had been no payments on the house for years and now they will be proceeding with repossessing the house. I was quite happy for them to do this but then my ex partner payed in £3000 and they stopped the process of repossession. I cannot take my name off the mortgage there are still payments in arrears and he is refusing to sell.
I am at my wits end about this house, and have been to the CAB which they have told me that if I legally force him to sell it will be costly and I cannot afford it as I am not working. Is there any legal aid that can help me, or any other means of dealing with this situation. Perhaps a way of forcing him to allow repossession of the house?
Any advise wpuld be appreciated!
2011-07-24 19:23:47
As other helpful people mentioned as you are involved as joint ownership than selling the house would be a natural option and solution!
Unfortunately court might be the only way, I would really try to talk it out, just put that extra effort in and it might work out nicely.
As someone else said, look into house selling solutions as if you have a big loan out with the bank or negative equity than it could get sticky!
2011-07-24 19:23:47
You can’t force him to sell but you should get a solicitors letter asking him to make an offer for your share of the house and you should have kept up your payments on the mortgage because not paying anything since the split will have reduce your chances of claiming 50% of the property.
2011-07-24 19:23:47
It all depends on whose name the house is in. The mortgage is in your name, but what about the actual house? Did you buy it jointly, or just one of you?
Firstly, talk to your ex and say that if he doesn’t want to sell, he can have the mortgage transferred to him. That way you are no longer responsible for the repayments, and won’t end up having your credit rating ruined by someone else not paying. If you bought it together, but he doesn’t want to sell, why not ask him to pay you back the amount you originally paid for the property? If talking to him doesn’t help, you really need to go and see a solicitor. Yes it could be expensive, but not as expensive in the long-run as continuing to have him not paying the mortgage and refusing to sell.
Also, go and talk to the bank about the mortgage. Tell them you are not working and cannot continue the repayments. They may then decide to instigate repossession proceedings, especially if it is your name on the mortgage, and not his.
2011-07-24 19:23:47
You are obviously a joint owner of the house, as only owners can be named on the mortgage.
In any joint ownership situation the law actually creates a trust. So you are both trustees holding the property on trust for yourselves as beneficiaries. Where trustees cannot agree one or both can apply to court for a decision. And in most cases (certainly this one) the decision would be to sell the property so each of you are free to go your separate ways.
I’m fairly sure that legal aid is not possible for this kind of case, but the fees should not be too much either. You could try writing to your ex making it quite clear you will go to court and you will win, but if he ignores you then your only choice is court.
Be aware, that as you are on the mortgage you remain jointly liable for all the mortgage debts. So if you don’t sell you could be hit with all sorts of charges. Even if you do sell, if you are in negative equity you will be jointly liable for any shortfall.
2011-07-24 19:23:47
As for mortgage concerns, a quit claim deed does not release the person quitting claim from his mortgage obligations. However, to remove the person who quits claim from the mortgage, the mortgage has to be refinanced through the name of the grantee or the person to whom the interest has been transferred.
In a divorce, a spouse can only claim ownership of the property and mortgage by refinancing the mortgage after the home has been conveyed to him or her. It is important to note, though, that many lenders will only allow a divorced individual to refinance a property if he or she has been on title to the said property for at least one year.
Hopefully this can be a help!
If you need more details and explanations just follow the link below!
2011-07-24 19:23:47
The only thing you can do is go to court over the matter. There is no legal aid that’s going to help you. If you want to force the issue, you will have to consult an attorney and pay for it.
With a foreclosure on the house, it’s unlikely that a bank will re-fi your ex. But, check out the interest rates. If they are lower than the one on the mortgage and the house has equity, you can approach your ex and try to make a business case argument that he would be better served to re-fi and get a lower house payment. That’s a long shot though. I suspect your ex won’t qualify for a re-fi on his own since the house went into foreclosure.
Take it as a lesson learned – don’t buy property with people you are not married to. At least with a marriage, when it ends you have a divorce that outlines the division of property. No such document with a shack up.
2011-07-24 19:23:47
Why on earth ask on here for crying out loud.
This is something for which you need PROPER legal advise, not opinions from a load of internet nerds.
2011-07-24 19:23:47
Yes you can. The Trust of Land and Appointment of Trustees Act 1996 ("the Act") introduced the concept that a trust of land is a trust for sale. S.14 of the Act provides a court may order the sale of a property with consideration of the facts shown in the link below. This is pretty common in the case of cohabitees.
If I were in your position I would be hesitant in wishing for the repossession of the property by the lender. If the lender seeks possession at a court hearing they will request a money judgment against you and your partner for the balance owed on the mortgage – this will stuff you financially with your credit rating and make it difficult to obtain credit for at least the following 6 years. They will sell the house and any shortfall left on the mortgage will then be sought from you or your partners.
I doubt the CAB really have the expertise to help you here. Either approach a local solicitor – many family solicitors still offer legal aid or will know a firm that does. Either that or contact your local College of Law – students are often happy to ‘cut their teeth’ on issues such as this.