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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 daughter got a joint mortgage with her ex in 2009. They

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My daughter got a joint mortgage with her ex in 2009. They split in 2012 and she came home to me for 8 month while paying her half of the mortgage. He left the property in December 2012 an text her to tell her. The building soc rang to say he hadnt paid the mortgage so she moved back and has been paying it herself since then. Our problem is we cant afford legal bills to get help, the bldg soc arent bothered as long as she is paying and she earns too little to get a mortgage herself of more than 83000. We need help but dont know who to turn to. It is making us both ill and stressed as her ex is playing games and will not let us sort this out. I can give her a lump sum to pay the difference but he will not settle this. Is there any way we can find someone who can help us its been 3 years and we cant take any more, please help us.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** *****
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?
Clare
Customer: replied 1 year ago.

The house is valued at present at £165 to £170000 and as at Dec 2014 the mortgage owed is at £126000.

Expert:  Clare replied 1 year ago.
Hi
Does your daughter wish to remain in the property?
Clare
Customer: replied 1 year ago.

Yes she would like to as we would loose money having put in more initially and paid for necessary maintenance ie £3000 to replace rotten windows and £2000 to replace guttering,facias and draughty porch. She earns a low wage and has struggled to keep it. I have a lump sum to bridge the amount she can borrow £83000 and the amount owed of £126000. The problem is he wants 50% with no adjustments for mortgage unpaid by him or his share of maintenance. The house is valued with new windows, guttering etc which he has NOT contributed to. I realize to sort this out we may have to pay more than we want to but have offered £12000 which he has not accepted. This was based on 50% of the value in December 2012 plus interest which we thought very fair. He is being very awkward and we need help please.

Customer: replied 1 year ago.

My contact email is XXXXXXXXXX@XXXXXXX.XX.XX but the sight is not allowing me to put it in as I have already registered. Sorry new laptop I haven't got the hang of yet. Answer to above already answered in previous reply

Expert:  Clare replied 1 year ago.
Hi
How much has the work added to the value of the property and how much is currently outstanding on the mortgage?
Clare
Customer: replied 1 year ago.

The house was on the market in 2012 during the time my daughter came home and Mr lifford was in the property, for £160000 but the windows had been replaced before that. Only guttering, facias and porch done after that date out of necessity, cold draughty and dangerous.The amount outstanding now on the mortgage is £126000. Still lots of work to do but would think it has added say £5000 since Mr Lifford left in 2012.

Expert:  Clare replied 1 year ago.
Hi
Has he threatened court proceedings to force a sale?
Clare
Customer: replied 1 year ago.

Yes which we are quite willing to go through as we have done our best to sort this but we are not convinced he will go through with it as he is not wanting to spend money just get it ! He heard I had sold my property hence coming out of the woodwork over the last year. Previously he didn't want to be found and we have no address just an email.address for him.

Expert:  Clare replied 1 year ago.
Hi
How much were the arrears when your daughter moved back
Clare
Customer: replied 1 year ago.

She paid her half while she was at mine and he paid the other half while he was there. It was paid in November 2012 but he text my daughter saying he had left in December 2012 and she got a call from the bldg. soc in December to say it hadn't been paid so she paid it herself and moved back into the property. It has been paid ever since by her and as it was on a 5 year fixed term with penalties of over £5000 she completed this term herself last year so no more penalties are due and mortgage reduced. Sorrry this is so complicated.

Expert:  Clare replied 1 year ago.
Hi
Thank you for that.
All values have to be current for the purposes of settlement
So the house is worth about £165,000.
Allowing £4000 for sale costs and a further £5000 for the enhanced value due to the works funded by you that gives £156,000.
There is an outstanding mortgage of £126,000 so the equity is £30,000.
Split equally that is £15,000 making your offer a little low.
If he will not accept that then all your daughter can do is leave things as they are unless her ex makes a Court Application and then renew her offer.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Thank you for your answer. Can no adjustment be made for anything else such as the penalties that would have been due or unpaid mortgage payments or items taken without permission when he left the property? Don't really understand why both parties have to sign the mortgage if one person is allowed to break the terms of the mortgage and walk away. It seems all responsibility falls to one person which does not seem fair. I am grateful for your help though and know he will not accept the value of the property. We have 3 valuations but wants to get his own which we do not agree with. Would we have to allow him to do this and allow him to come with them ?

Expert:  Clare replied 1 year ago.
Hi
There has to be an agreed valuation.
The two usual ways are for there estate agents to be agreed and the middle value taken; or for one party to name three agents and the other to chose one - and both parties accept the valuation produced.
Whilst he was not living in the property and she was then he would not be expected to pay towards the mortgage - I am aware that your daughter did - one option would be to argue that her payments should be credited to her
Clare
Customer: replied 1 year ago.

As we have already had 3 valuations of 165 to 170,170-175 x2 we can allow him to have one more valuation and arguing my daughters payments will certainly help as it probably comes to at least £4000. I presume that no more adjustments can be made as you didn't answer this part of my question. He will undoubtedly question improvements and need invoices. Where do we stand if we have none ? The work can be seen but we were not given a receipt as it was done privately. Is there any other advice you can give us bearing in mind he is a very difficult person to deal with ?

Expert:  Clare replied 1 year ago.
Hi
Provided you can show that the work has been done and has been financed by you or your daughter then that is fine.
There are no other adjustments that are likely to be effective
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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