Food & Drink6 mins ago
Can i be forced to sell my house ???
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 :)
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 :)
Answers
> i have sold my ex-business plant to clear arrears and have been told with 12 months payment without arrears and a guarentor (
This is the route that is closest to your ideal outcome if it can be made to work.
How far into that 12 months are you? You may be able to negotiate this down if you have four years of...
This is the route that is closest to your ideal outcome if it can be made to work.
How far into that 12 months are you? You may be able to negotiate this down if you have four years of...
12:51 Tue 19th Apr 2011
No the solictors was free advice. One Uni Solicitor / one school friend / one family member.
i wanted to reasearch all opinions / cases / advice and wanted to double check i wasnt being told what i wanted to hear, which after reading some of these replies realise could be the case. although i would like to see case studies.
As y'all probably know a lot of people talk a good game but without evidence i take things with a pinch of salt
i wanted to reasearch all opinions / cases / advice and wanted to double check i wasnt being told what i wanted to hear, which after reading some of these replies realise could be the case. although i would like to see case studies.
As y'all probably know a lot of people talk a good game but without evidence i take things with a pinch of salt
I think all that needs to be said has already been said, but I’ll add my two pennyworth just the same.
There is one thing I don’t understand here and that is just how you are currently funding the mortgage with little or no income. However I assume that you are somehow and in any case it is of no matter. The issue for your ex here is not so much the ownership of the house but the status of the mortgage on it. As has been said, she is responsible for (although she may not be funding) a mortgage on a house that she does not and practically cannot live in. Additionally this is affecting her in that she cannot obtain a further mortgage until she is released from that responsibility.
I’m by no means an expert in these matters but despite making some strange decisions from time to time, courts also have a history of making some common sense decisions too. There is every likelihood that if this matter went to court an order to sell would be made. It is clearly unreasonable for your ex to be tied to a mortgage on the property for the next twenty years or so. You mention that this is your home. Whilst it may be your home you do not actually own the property. Assuming you occupied the house as “tenants-in-common” you own it jointly with neither of you having a discreet share.
You need to resolve this situation because if you simply refuse to co-operate your ex may well go to court. It is unfortunate that you will, in all probability, have to move out. The alternative is for the two of you (as joint owners) sell the property to you as sole owner with some adjustment being made for the differing amounts of equity you each hold. However, from what you say, it is unlikely that you would get funding to do that. But somehow you do need to sort it out between you.
There is one thing I don’t understand here and that is just how you are currently funding the mortgage with little or no income. However I assume that you are somehow and in any case it is of no matter. The issue for your ex here is not so much the ownership of the house but the status of the mortgage on it. As has been said, she is responsible for (although she may not be funding) a mortgage on a house that she does not and practically cannot live in. Additionally this is affecting her in that she cannot obtain a further mortgage until she is released from that responsibility.
I’m by no means an expert in these matters but despite making some strange decisions from time to time, courts also have a history of making some common sense decisions too. There is every likelihood that if this matter went to court an order to sell would be made. It is clearly unreasonable for your ex to be tied to a mortgage on the property for the next twenty years or so. You mention that this is your home. Whilst it may be your home you do not actually own the property. Assuming you occupied the house as “tenants-in-common” you own it jointly with neither of you having a discreet share.
You need to resolve this situation because if you simply refuse to co-operate your ex may well go to court. It is unfortunate that you will, in all probability, have to move out. The alternative is for the two of you (as joint owners) sell the property to you as sole owner with some adjustment being made for the differing amounts of equity you each hold. However, from what you say, it is unlikely that you would get funding to do that. But somehow you do need to sort it out between you.
-- answer removed --
> 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.
This is the route that is closest to your ideal outcome if it can be made to work.
How far into that 12 months are you? You may be able to negotiate this down if you have four years of good payments without arrears - especially if you have a guarantor.
Who could be your guarantor? For example, do your parents own their own property or have other significant assets?
I'm not saying this route would work, but it's one worth exploring further ...
This is the route that is closest to your ideal outcome if it can be made to work.
How far into that 12 months are you? You may be able to negotiate this down if you have four years of good payments without arrears - especially if you have a guarantor.
Who could be your guarantor? For example, do your parents own their own property or have other significant assets?
I'm not saying this route would work, but it's one worth exploring further ...
I had to sell my house.
Even though we had a verbal agreement about the split of equity (I had the house for about 5 years before he went on the mortgage) he went back on our agreement and claimed as much equity as he could. They didn't take into consideration that I put the deposit down (quite a large sum) and that I had solely made the mortgage payments as the house rose in value...
Do you have a written agreement?
Even though we had a verbal agreement about the split of equity (I had the house for about 5 years before he went on the mortgage) he went back on our agreement and claimed as much equity as he could. They didn't take into consideration that I put the deposit down (quite a large sum) and that I had solely made the mortgage payments as the house rose in value...
Do you have a written agreement?
You asked for objective answers, JAG, and I believe most of those you have had fit that bill. Whilst not wishing to get in a slanging match with you (and I understand this issue is probably quite emotional for you) I believe you are not taking an objective view yourself.
There are rights and wrongs in all relationship breakdowns and you mention of lot of wrongs committed by your ex and no doubt she would do the same if it was the other way around. However, you need to stick to the issue you have raised and forget the sideline stories. If called upon to arbitrate a court will simply see that you enjoy the benefits of living in the house whilst your ex is tied by a mortgage on it whilst gaining nothing. Objectively this is unreasonable and if you do not find a way to sort it out between you a court ruling will be made which will almost certainly enable your ex to be removed from her mortgage responsibilities. It will almost certainly not suit you but I believe that you must face up to the fact that you will have to vacate your jointly owned house.
There are rights and wrongs in all relationship breakdowns and you mention of lot of wrongs committed by your ex and no doubt she would do the same if it was the other way around. However, you need to stick to the issue you have raised and forget the sideline stories. If called upon to arbitrate a court will simply see that you enjoy the benefits of living in the house whilst your ex is tied by a mortgage on it whilst gaining nothing. Objectively this is unreasonable and if you do not find a way to sort it out between you a court ruling will be made which will almost certainly enable your ex to be removed from her mortgage responsibilities. It will almost certainly not suit you but I believe that you must face up to the fact that you will have to vacate your jointly owned house.
thats fine. i apprecate that.
i wont lie ive been abit defensive because this has gone agianst the legal advice ive had up until now? and yea poss abit emotional. im amazed that keeps being knocked. like i said it is my home who on earth wouldnt be ???
in the danger of making this WAAAAAAAAAAAAAY complicated. what if the the stresses of selling had health consequences.? i really dont want to go down that route but i would if it meant not having to sell my house?
i wont lie ive been abit defensive because this has gone agianst the legal advice ive had up until now? and yea poss abit emotional. im amazed that keeps being knocked. like i said it is my home who on earth wouldnt be ???
in the danger of making this WAAAAAAAAAAAAAY complicated. what if the the stresses of selling had health consequences.? i really dont want to go down that route but i would if it meant not having to sell my house?
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