Marital seperation - Joint mortgage

[WayneH]

Hi guys,

 

I am turning once again to you guys for help, although this time it is for a family member.

 

The situation is that an inlaw recently seperated from her husband of about 6yrs. They lived in a nice detached house and had a joint mortgage in both of their names. When they split, she moved into a rented property with her daughters, untill their house sold. The problem is, that the husband will not lower the price of the house, and it is not selling. It has been up for sale now for about a year.

 

The problem with this, is that he is not paying the mortgage on it (or is not paying it all - She has been receiving letters from the mortgage company). Apparently it is not far enough into arrears to warrant repossession, but she has been told by the mortgage company that she needs to pay £1600 within the next week.

 

 

As far as I understand, BOTH owners need to agree on a price to sell the house. He refuses to do this and has told her that he will "take her down with him" (His exact words).

 

Being a single mum with young children, she cannot afford to go through a solicitor.

 

Can anybody suggest information or advice that I might be able to pass on to help her out?

 

Thanks in advance,

Wayne

[Markiemark1]

Any equity on the property??? Is she planning on divorce? Is mediation not a possibility in respect of the finances etc? Just some initial thoughts, I'll be back on line later so will give it some thought.

 

RM

[jansus]

She should get an initial consultation with a solicitor for free - chose a specialist in family law.

 

May be important as why should she be reponsible for all the extra arrears and interest charges.?

 

Mediation would be a good idea - for the sake of the children.

[WayneH]

The children are from a previous marriage so they do not factor into it.

 

She is planning a divorce, this year. I'm just a little astounded that the law would allow someone to become blacklisted in this kind of situation. She doesn't pay the mortage anymore because she doesn't live there and needs all of her earnings to put a roof over their heads.

[jansus]

unfortunately whatever the circumstances if it is a joint mortgage - she is jointly responsible for the payments - unless she can persuade her husband to buy her share ( if there is any equity?)

 

Her husband is not just punishing her but himself as well as there will be interest and charges accruing on the debt and if the lender takes possession he will have no control on the sale price - and the mortgage company can try and reclaim any shortfall for 12 years afterwards.

 

Has she had any contact with a solicitor ? If there is very little equity in the house maybe she may be just as well to consider letting him have the house and just getting away from all the hassle?

 

It all depends on equity /personal circumstances etc - but sometimes you have to consider playing the game and letting the other person think they are getting the upper hand - so to speak.

[WayneH]

Having spoken to her, it sounds like that is what she wants to do (Get out and let him have the house). This will save her being blacklisted, correct?

[jansus]

Well I guess her credit file will have already been affected by the mortgage arrears - so she should really try and sort this out ASAP. Then hopefully it will show it as being settled if and when her name is removed from the mortgage.She can check her credit file for a small nominal fee to check

 

But it will be better than having a possession against her name - and his for that matter.

 

I still think it would be worth her having an initial free consultation with a family law solicitor - for the sake of a couple of letters it may be an answer and she can try mediaition if they suggest that and then go from there.

[gizmo111]

Having spoken to her, it sounds like that is what she wants to do (Get out and let him have the house). This will save her being blacklisted, correct?

 

The mortgage company would have to agree to her coming off the mortgage and it is unlikely if there is arrears.

[jackieandwayne]

Be very careful - this is exactly what happened to me in 2005. Partner had mental illness for 4 years, I couldn't take it anymore,it was making me ill, so i sadly decided to leave (house jointly owned, I put down the deposit by selling my flat which was free of mortgage, and I made every blessed mortgage payment for 7 years).

 

I had an agreement with him that the house would be sold and that if he was unavailable for viewings I would do it. However, he was extremely bitter and twisted and refused to let anyone in. When I tried to gain access he kept the key on the inside so I couldn't get in, he called the police to me one day when i was in the street waiting for a prospective buyer to turn up, they made me go away, and then to ensure i stayed away, he applied for an ex-parte hearing, and got an injunction with power of arrest, to keep me out as I had been violent towards him! This only lasted a week, as you get a return hearing, the judge (who I knew) wiped it out and was very cross with him.

 

Everytime I tried to help us, he went to a solicitor, he was getting legal aid, I had to pay.

 

In the end I'm afraid I just gave up, walked away and let it be repossessed.

 

See a solicitor quickly, I believe you can get an order for sale.

 

Good luck but really, don't let bricks, mortar and money wear you donw to the point you become mentally ill - its not worth it, and once I had accepted what had happened, the weight off my shoulders - well i can't tell you how good that felt.

[WayneH]

Hhhmm, sounds exactly like her situation. He has been diagnosed with various mental illnesses, and had tried to kill himself various times. She couldn't cope with it anymore so thats why she decided to split. Now ofcourse (as you said too) he is bitter and wants to cause as much damage to her life as he can. He even key'd the side of her car on new years eve

 

Could you expand on what an "order for sale" is?

 

Thanks for everyones input on this, we appreciate it

[jackieandwayne]

I believe (always the case you find out after the event!) that when a stalemate is reached like this that one or other party can apply to the court to make an order for sale. I don't know how, why or where, but I am sure if you were to PM one of the helpers on here they would be able to answer this. I'm going to do a quick google and see what comes up.

 

There is of course always the injunction route, but I would always advise a solicitor to help you with this - they can get complicated, nasty and downright expensive. All depends on what you want to gain from the situation.

 

I know that letting the house go probably saved my sanity, which is why I recommend it in cases like this - some things in life are more important - however, this doesn't do for everybody and each case should be judged on its merits.

 

Lets see what old google comes up with and I'll try and paste it up on here.

 

And, I've now had another thought - children involved here? Divorce solicitor? Should be able to have him out, her in, until the last child finishes further education. All at his expense hopefully, but this really does need a solicitor, and by the time the last child is 18/19 whatever, maybe, just maybe, this couple will be talking again, old battles will be a thing of the past, and together they MAY be able to go forward with the property and a sensible and fair solution.

 

You must double check anything i tell you, I deal with social housing and all the problems that brings, it is a good 4 years now since i did homelessness and this sort of thing - I'm basically right, but the laws in these areas change often and I may be slightly out of date.

 

Lets go and have a google and I'll come back as soon as i have something.

[jackieandwayne]

Now then, I hope this works, and that I am allowed to post this link.Can I force the Sale of my Joint-owned Property in The AnswerBank: Law

 

Its an advice thread, not selling anything.

 

But please, take some legal advice as well.

 

Good luck.

[jansus]

Thats partly why I suggested the free initial consultation with a solicitor.

 

My sister was told she could force her partner to sell so she could get her share.

 

In the end we persuaded him he would be better off buying her out and she agreed an offer (pretending to be reluctant)

 

As prices have gone down and my sister has the cash and he has a big mortgage guess whos laughing now.

 

But at the time he thought he was the winner - and that was the trick.

[WayneH]

Thanks for all your help. I passed on the advice and she found a solicitor who is willing to take a look at the situation and hopefully advise.

 

She is on working tax credits so some turned her away saying that they dont do legal aid. She also got turned away from 3 in our local area due to "conflict of interests", i presume he is registered with these so they are not willing to take on a case against the guy.

 

Again, thanks fingers crossed for good news for her.