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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MY PARTNER AND I HAVE LIVED TOGETHER FOR 6 YEARS AND HAVE A

Customer Question

MY PARTNER AND I HAVE LIVED TOGETHER FOR 6 YEARS AND HAVE A JOINT MORTGAGE. 18 MTHS AGO I LEFT THE RELATIONSHIP AND AM CURRENTLY LIVING WITH MY SISTER. HE IS STILL IN OUR PROPERTY BUT I AM PAYING THE WHOLE OF THE MORTGAGE. MY MORTGAGE COMPANY HAVE REFUSED TO RE-MORTGAGE ME AND I CANNOT AFFORD TO SWITCH TO ANOTHER MORTGAGE PROVIDER. THE HOUSE HAS BEEN FOR SALE FOR OVER 12 MONTHS WITH LITTLE INTEREST. HE IS REFUSING TO PAY TOWARDS THE MORTGAGE, DOES NOT HAVE THE MONEY TO BUY ME OUT, ALSO RECENTLY LOST HIS JOB AND REFUSING TO MOVE OUT TO ALLOW ME TO MOVE BACK IN. I HAVE NO IDEA WHAT TO DO NEXT. WHAT CAN I DO???
Submitted: 2 years ago.
Category: 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
has the Estate agent given any reason for the lack of interest?
Clare
Customer: replied 2 years ago.

I have recently dropped the asking price for the house from 59950 to 57500, however we owe approx. 57K on the mortgage. I have had very little feedback from the estate agent other than the high price hence the recent drop in price. However it may still be an unrealistic selling price


 

Expert:  Clare replied 2 years ago.
Hi
Do you wish to live in the property yourself and maintain the mortgage?
Clare
Customer: replied 2 years ago.

Preferably not. However I do realise that selling the property is going to cost me an arm and a leg, one way or another. Any option that allows me to sever all ties with him and get my own living space. In other words I am now not ruling anything out.

Expert:  Clare replied 2 years ago.
Hi
Have you checked what the realistic sale price would be?
have you threatened to stop paying the mortgage?
Clare
Customer: replied 2 years ago.
A more realistic price would be 50 - 53k. I have considered not paying but am well aware that he won't either.
Expert:  Clare replied 2 years ago.
Hi
Can you cover the shortfall on the mortgage?
Clare
Customer: replied 2 years ago.
Maybe yes depending on how much it ends up being
Expert:  Clare replied 2 years ago.
Hi
Will your ex agree to reduce the purchase price?
Clare
Customer: replied 2 years ago.
I am not sure he is beginning to get quite awkward and will try to drag this out as long as he can. If we did sell the house at a much lower price is there ant way of making sure we share the cost of the shortfall
Expert:  Clare replied 2 years ago.
Hi
Does he have the money to pay the shortfall if necessary - and just to check - I assume that you do not wish to risk the mortgage going into arrears?
Clare
Customer: replied 2 years ago.
No he doesn't and no I dont
Expert:  Clare replied 2 years ago.
Hi
Your options are limited
You can apply to the court for an order for sale at a realistic price and an order that he pay the mortgage until then
Your problem there is that he he has no money to cover the shortfall when it does sell then you will have to cover it and recover the money later.
If he does not pay the mortgage then you can seek an order to return to the property to deal with the sale and pay the mortgage yourself - which would at least cover your need for accommodation.
You should try and negotiate with your ex first using Family Mediation - but if that fails then you can make an application to the court under The Trusts of Land and Appointment of trustees Act (TOLATA)
and claim costs
Clare

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