Can i be forced to sell my house ???

[JAG1979]

Bought my House with ex-girlfriend.
split up after 3/5 months of living there.
see contributed to the next 6months mortgage.
i have paid all mortgage payments for past 4yrs (approx)
she has had her half of deposit returned (2yrs approx)
her name is on deeds and mortgage.
i lost my business and had close to £1k arrears for all of last year.
she has tried to buy a house with her husband and failed for mortgage partly due to me being behind arrears for all of last year.
Arrears now cleared.
I have returned to university so mortgage company will not allow me to take her name off the mortgage as i dont fit criteria for earnings.
She i threatening to go to solicitors to force me to sell the house.

Does she have any rights???

if we can be objective nd not Boys Vs Girls please :)

[ummmm]

If she can afford to get one then she has the right to get one. It's you stopping her...

[bednobs]

no, she does not have a "right" to a mortgage just as anyone dosen't - it will be based on the mortgage company and individual circumstances, like always.
Imagine if you had never met her, never bought the house - you would be in no different position now (ie unable to get a mortgage because you are a student) so she hasn't disadvantaged you - in fact, you've had 4years of living in your own house out of it

[JAG1979]

the thing is i can afford mine and have done as a student for 2yrs living on pennies.

also her husband recently lost her job and she let slip she also has other bad credit so i could be forced to sell my house and she could still not be accepted a mortgage.

i have sold my ex-business plant to clear arrears and have been told with 12 months payment without arrears and a guarentor (spelling???) could be offered mortgage in my name.

Just makes me laugh she left me. she was out doing her own thing whilst i paid for my home. maybe i wouldnt have been in arrears if she'd made contributions to the mortgage you know? seeing as she is liable and entitled for half of it. Now shes married im getting kicked out when because ive gone uni to better myself?

nope

[237SJ]

As she is on your mortgage does that mean that your home could be sold to cover her bad debts? You certainly don`t want a financial liability like that against your property. Sounds like another good reason to get shot of any connection.

[JAG1979]

when i had my own business i applied to buy the house on my own. she wanted in because she didnt want me to have a house on my own. Mainly because i rented a flat at the time and she got jealous of me having people around.

[dotty.]

good point jag, she has only paid out her contribution to less than a year of the mortgage as it was 4 years ago, her name is still on the mortgage agreement but she is no longer in the property, the mortgage company know this but they are refusing to have her name removed, have you persued that aspect as much as possible?

[daffy654]

It may not be fair (to your way of thinking), but it IS the law and if she forces sale you have no choice in the matter.

[JAG1979]

her debts are at her rented property and not the house.
she wouldnt do that tbf

[ummmm]

I know it sounds harsh but regardless of whether she can get a mortgage or not she wouldn't be expected to have that huge debt for the next 20 years....

[237SJ]

But if she has debts and creditors come running after her your house is their payoff no?

[dotty.]

If a creditor finds out she is on your morgage they will make a charge on your house, you should let the mortgage company know her circumstances

[JAG1979]

i dont think she is likely to get into debt like that tbh. i do actually trust her on that.

but its not a debt as im paying for it and i have been told with 12 months arrears free payments they may offer me mortgage in my name so thats what im looking to and have strated doing.

[bednobs]

all yours and hers relationship decisions and her jealousies etc are not the fault of the mortgage company though - they will look at what they say you can afford and that'll be that. it's simply black and white to them i'm afraid (as it will be to the courts)
this is a person who by your own account manipulated you into getting a house with her, went out and had loads of fun, left you paying the mortgage by yoursel, and you think she can be trusted?
Anyway, if she has debts, her creditors might well decide to get a charging order on the house as one of her assets

[237SJ]

Well the only way out seems to be for someone to buy her out or a rich distant uncle that can tide you over until you are financially stable. You should speak to a financial expert as well as a solicitor.

[JAG1979]

ive been looking into the buying out option. hmmmmm not the best.

The jealousy comment was in return to you commenting ive had it better off because i wouldnt of had the house without her. it wasnt something i ever thought i court would be interested in was just saying not the case at all! :)

[ummmm]

You do know that she can move back in?

[237SJ]

I can`t see there is any other option jag. I certainly wouldn`t want someone on the mortgage and deeds of my house who has debts. You say her husband has lost his job. You don`t know what kind of debts they are running up. A friend of a friend ran up £30,000 on her credit card and her husband was the only person who didn`t know! Just be careful. I hope you sort something out otherwise you`ll just have to sell up, start again and put it down to experience. Good luck.

[bednobs]

that's ok, although i might come across as antagonistic i do feel sorry you are in this predicament.
i would be interested to know why you consulted 3 solicitors though, then disliked their advice so much you want more?

[JAG1979]

thanx 237sj i wanted a oblective answer and only a few seemed to be able to offer one.

i wont give up without the biggest fight EVER and i really dont understand anyone who would be so accepting of selling their home // Law or not ?

[Frank97]

You have my sympathy JAG, found myself in a similar situation some years back. Hope it works out for you.