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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner has his name on a mortgage with his ex girlfriend.

Customer Question

My partner has his name on a mortgage with his ex girlfriend. The house is in negative equity and is being rented out. He was only on the mortgage for his name so she could keep the house. The ex should be paying the mortgage from the rent that gets paid to her but instead she misses payments. Can a court order be made so the people paying the rent pay it straight to the mortgage company instead of the girlfriend
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Do they have any children together?
Clare
Customer: replied 2 years ago.
Hi the mortgage is 119000.00 the house worth £70k . They have no children . The ex has the property rented out but misses payments which is now effecting my boyfriends credit rating. He would like to be off the mortgage or at least find away to make sure she pays the mortgage so I thought maybe the rent she gets coukd be on court order to pay the mortgage company
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
Has your partner had any contact with the letting agent at all?
Clare
Customer: replied 2 years ago.
No he has had no contact with the letting agent .
Expert:  Clare replied 2 years ago.
Hi
Does he know who they are - or any other details of the letting?
Clare
Customer: replied 2 years ago.
I think he knows what agent is being used and there is someone in now paying rent. He wants off this mortgage or at least ensure the mortgage is being paid so his credit rating won't get effected
Expert:  Clare replied 2 years ago.
Hi
I assume that he cannot afford to insist on a sale and pay off the shortfall?
Clare
Customer: replied 2 years ago.
No it's not an option and he has only had a name on mortgage to help this girl out nothing ekse
Expert:  Clare replied 2 years ago.
Hi
I don't suppose he protected his position with a Declaration fo Trust?
Clare
Customer: replied 2 years ago.
No that was not done
Expert:  Clare replied 2 years ago.
Hi
I am afraid that the only way that he will be able to get his name off the mortgage is to force a sale and bear the loss
Once there is at least 5% equity in the property there is a possibility - but not until then
So far as the mortgage payment is concerned your partner needs to go and discuss matters with the letting agent to ascertain how much is being paid ; and contact the mortgage company to establish what the mortgage payment is
He can then negotiate with his ex for the payments to be made into a Joint account and paid automatically to the mortgage company.
If she will not agree then he will be faced with a potentially difficult situation as the only court application that he can make is for the sale of the property
HOWEVER since half of the rent is his he could threaten to sue her for the money that he is due.
Her defence will be that she is using it to pay the mortgage - so from then on that is what she will have to do
I hope that this is of assistance
Clare

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