Help with Forced Sale

[cookie33]

]I recently moved in with my partner who is living in his mortgaged home he bought with his ex in 2007. She moved out of property in 2009 and has paid nothing towards mortgage or a joint 10k loan since. From the get go she wanted house sold as for some insane reason she thinks she is entitled to thousands. My partner does not want to lose house,he was the one who always paid the mortgage and has put a lot of effort into keeping the house in the last 2 years.

 

Since 2009 my partner has spent thousands on solicitors trying to get his ex to sign transfer of equity but to no avail. he even agreed to take on her half of the 5k debt from the loan for her to sign the contract and walk away. This was what she requested but even still her solicitor would just dilly dally and make stupid comments, thus creating more cost for my partner.

 

They bought the house for 146k and owe around 114k. The recent valuation is 130k. Unfortunately end of last year my partner lost his job due to the company he worked for going bust and funnily enough at this precise time his ex signed the transfer of equity knowing full well that he could now not afford a mortgage in his sole name. So after almost 18 months of trying to get her off the mortgage to free himself of this tie whilst he had the income to take on the mortgage she delayed any action to allow this to happen.

 

Now after no contact from her solicitor since Oct 2010 a letter came from a mediation company saying her solicitor has requested this to aid the sale of the property which she is now trying to force.

 

Thing is my partner does not want to sell the property as he loves the house and also myself and my son now live here and in effect we would be homeless. I know the easy solution would be sell the property but this is not something he wants to do willingly. Selling the house would mean they have lost 16k from original cost of house. Profit would be around 12k after costs etc and she would then have to take responsibility for her half of the 10k loan which she hasnt paid in 2 years but which my partner has.

 

I would like some advice if possible....

 

A. Would his ex partner be liable for any mortgage payments she has not paid? Two years worth and mortgage is up to date. If so would she owe them from any of her profit from sale?

 

B. Would a court actually see selling the house as a good thing to do?

 

This is driving my partner and myself insane it is such a worry as we would be homeless.

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Any advice would be gratefully received

[Yeats]

]I recently moved in with my partner who is living in his mortgaged home he bought with his ex in 2007. She moved out of property in 2009 and has paid nothing towards mortgage or a joint 10k loan since. From the get go she wanted house sold as for some insane reason she thinks she is entitled to thousands. My partner does not want to lose house,he was the one who always paid the mortgage and has put a lot of effort into keeping the house in the last 2 years.

 

Since 2009 my partner has spent thousands on solicitors trying to get his ex to sign transfer of equity but to no avail. he even agreed to take on her half of the 5k debt from the loan for her to sign the contract and walk away. This was what she requested but even still her solicitor would just dilly dally and make stupid comments, thus creating more cost for my partner.

 

They bought the house for 146k and owe around 114k. The recent valuation is 130k. Unfortunately end of last year my partner lost his job due to the company he worked for going bust and funnily enough at this precise time his ex signed the transfer of equity knowing full well that he could now not afford a mortgage in his sole name. So after almost 18 months of trying to get her off the mortgage to free himself of this tie whilst he had the income to take on the mortgage she delayed any action to allow this to happen.

 

Now after no contact from her solicitor since Oct 2010 a letter came from a mediation company saying her solicitor has requested this to aid the sale of the property which she is now trying to force.

 

Thing is my partner does not want to sell the property as he loves the house and also myself and my son now live here and in effect we would be homeless. I know the easy solution would be sell the property but this is not something he wants to do willingly. Selling the house would mean they have lost 16k from original cost of house. Profit would be around 12k after costs etc and she would then have to take responsibility for her half of the 10k loan which she hasnt paid in 2 years but which my partner has.

 

I would like some advice if possible....

 

A. Would his ex partner be liable for any mortgage payments she has not paid? Two years worth and mortgage is up to date. If so would she owe them from any of her profit from sale?

 

B. Would a court actually see selling the house as a good thing to do?

 

This is driving my partner and myself insane it is such a worry as we would be homeless.

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Any advice would be gratefully received

 

I'm bumping this for you - good advice needed.

[Lea_HTH]

To answer your specific questions.

 

a. No, they are both jointly and severally liable for the payments to the mortgage company - however, since you are living there, she could argue that she is entitled to some rent for you - so it makes little sense for her ex to try to claim money from her for the period she hasn't lived there, as if her solicitor has any sense he/she would simply counterclaim for rent for her half of the property. On this basis, if he stopped paying the mortgage, the company could ask her to pay it - though again, if she did that, she could simply come after those living in the property for some rent.

 

b. Yes, a court would see selling the house as the most sensible option. Unless he has children (who are also her children) living in the house, then there's no reason for there to be any financial tie between them whatsoever. Clean breaks are preferable.

 

Clearly these answers won't be what you were hoping for, but the situation is untenable in the long term and the courts would take the view that a sale was the best option.

[cookie33]

Thank you...........just doesnt seem right that someone who hasn't paid a penny towards the mortgage or loan can get benefit from an increase of the value of the house in last 2 years...or be able to claim rent from me seeing as Im the one paying the whole mortgage.

 

It also riles me she can let this carry on for more than 2 yrs getting legal aid and using public funds just to be selfish, greedy and malicious.

 

Hopefully my partner will be starting a new job soon and can get the original deal and her name off the mortgage.

[Lea_HTH]

No offence intended, but the house is half hers, whether she contributed towards it in the last two years or not - because that is how they bought it, in their joint names. Incidentally, are they joint tenants or tenants in common? That factor might be very relevant were anything to happen to her ex prior to the house being sorted out.

 

If you are paying the mortgage, have you some written agreement with him that you will be recompensed? If he decides to end your relationship, you won't have a leg to stand on legally with regards to staying in the property unless you're married, or sometimes if you have a child together (I know you didn't ask, but I'm telling you anyway).

 

Legal aid often has to be repaid depending on the gain. I can understand you feeling bitter towards her, but the bottom line is that the house is half hers - it's really nothing to do with you at all, it's between them (I'm aware you are paying the mortgage, but that doesn't change the legal ownership). Have you considered buying her out and thereby securing your own position, and satisfying yourself that her financial connection to him is over with?

 

As I said, no offence is intended, but there is always more than one side to a story, especially in a situation like this and I'm not big on the denigration of someone who seems to want to protect their legal rights, even if I might not agree with the way they go about it.

[cookie33]

Leath, while I fully appreciate what you are saying............I feel it has a lot to do with me seeing as Ive been living here,paying the mortgage and helping to pay her loan.....just to help stop them getting into trouble and ruining their credit.

 

I would not ever dispute her share in the property.......even though she never paid the mortgage, it was always his income that afforded it, yes she contributed to other bills........she is entitled to half the equity, again I would never dispute that. What I am disputing is the fact that as soon as she left,she made demands, forcing my partner to have to pay a fortune in legal fees to sort out a contract at her request for transfer of equity in return for her to hand over her 5k of joint loan to my partner. Now had she played fair, surely she would have done this back in 2009,esp as her solicitor assured him that it was in the process of being signed.

 

By this stage of the game she would have had no tie to the mortgage and been debt free in that department. She walked away with my partners new car, and left almost 1000 pounds of utility bill debt that she should have been paying whilst there.....as well as goods she had purchased on my partners credit card totally 2k. Now id say she was getting a decent deal there considering the equity was only worth about 5k. So she had ample opportunity to protect her legal right ways back in 2009. As I said, her spending public funds to torture her ex is quite sickening.

 

I will not ever enter into joint mortgage after this chaos, and ened of the day, yes Im paying the bills, but its a roof over my head, and in all honesty, thats what she doesnt like, and fair enough,I can see why, but if she had wanted a clean break away from it all shed have sorted the contract 2 years ago.....so her delay tactics are just her way of trying to control my partner from beyond their relationship..........regardless of what anyone else may feel or view regarding her tactics, I know what shes doing as she has been very verbal in that she wants him to lose the house.....compromise is not in her vocabulary. I wish it was , because life could have been so much simpler.....how can there be any compassion from a woman when told he wants to keep the house for their kids future she replies " **** the kids,I want you out and I want some money. "

[Lea_HTH]

I am simply speaking from the legal perspective - your feelings don't enter the equation in that respect (not trying to be harsh, just realistic). My advice to you would be to seek direct legal advice regarding your contributions, and get some form of written legal agreement with your partner with regards to the contributions you are making towards his (and her) property - or, if you are satisfied you'd be paying that level of rent etc elsewhere you may be happy to leave things as they are. Your choice.

 

None of the rest matters - it's just opinion and it holds no legal sway in respect of the questions you posed regarding the property.

[cookie33]

Again Lea, I do appreciate what you are saying.........legally it looks like we have to play by her rules............just wanted to see if anyone could tell us any different as its so unfair.

 

Anyhow , as I say hopefully my partner will be starting work this month and hopefully the original contract can still go ahead, unless she can get out of that one.