How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Good morning, my son and his partner spilt up in October 2103,

Resolved Question:

Good morning, my son and his partner spilt up in October 2103, they are not married and have a 6yr old daughter. They have a property which is in both names. My son moved back in with us (his parents) leaving his ex partner and daughter in the house, he felt this was the best thing to do because of his daughter. They agreed that my son would give her a lump sum of £6000.00 and she would take her name off the mortgage so that my son could keep the house. He has everything in place to do this, a new mortgage with the same mortgage company and a solicitor who has everything ready and waiting. The x partner is saying she has registered for a rent to buy property with Broadacres. She said she had a house at the end of February 2014 but this never happened and now she is saying she will have a house at the end of April 2014. My son has tried talking to her to find out it this move in April is happening but she just says she does not know. My son thinks she has no intention of moving out, so last week he moved back in and is now in half of a tiny attic bedroom to see if this action will force her to move out. He is at his witts end and I seriously fear he could end his life. My husband and I are doing our best to support him but nothing is helping. He has been paying all the bills and mortgage and even giving her £200.00 a month for his daughter since they separated and he has not been living in the house. Last month he stopped the £200.00 and told her this was going towards paying the bills. She does not work and is living in the house with everything paid for so she has the upper hand and my son does no seem to beable to do anything. Last night he spoke about not paying the mortgage and any of the bills which will leave him in serious trouble but he feels now that this is his only option. What will happen to him if he does default on the payments? I have read about a short sale or a deed in lieu are either of these an option? Also can he put the house up for sale without her consent, in other words force a sale, as this my be another option. His x partner is trying and succeeding in making his life a misery and I do not know how much more he can take. I think he will have to come back to stay with us so that we can keep an eye on him, if he does that can he then contact the utility companies and say that he is no longer living there and cancel the services? This would then mean that she would have to pay for her own services, I am sure I could then talk to him and get him to continue paying the mortgage as hopefully one day the house will be his. Any advice you could give me would be fantastic, it would be rally good to be able to tell him something positive. Denise
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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
What is your sons income (gross)
Clare
Customer: replied 3 years ago.

The outstanding debt on the mortgage is £94000 and the house is probably worth about £98000. My sons income: weekly pay slip £610.05 before tax. Take home pay £444.47

Expert:  Clare replied 3 years ago.
Hi
The problem that he potentially faces is that under Schedule 1 of the Children Act he is under a duty to help house the child until the child is 18
He will not be able to force a sale of the property - not can he force her to move out if she does not wish to
HOWEVER he does not have to pay the bills if he is not living in the house - and even if he does not pay the mortgage he retains his interest in the property
The way forward I would suggest for your son would be to move back to your home; notify the Utilities that he is n longer there and transfer them to his ex's name and inform her that in future he will be paying child maintenance at £74 a week from which she will also have to pay the mortgage
he will retain his in
He should also put a time limit on his generous capital offer
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

I am sorry I do not understand this part is there some text missing. he will retain his in.


Regarding the mortgage will he have to notify the company to tell them he is no longer paying it and what happens if his x partner does not pay the mortgage either?

Expert:  Clare replied 3 years ago.
Hi
What is should say is
"even if he does not pay the mortgage he retains his interest in the property"
The issue of the mortgage payment is one he hand his partner will need to discuss
He could pay the mortgage instead of the child maintenance if he wishes to be certain that it is paid.
Clare
Customer: replied 3 years ago.

What will happen to him if he decides against any of this and defaults on his mortgage? I need to be clear on this so that I can give him the facts.

Expert:  Clare replied 3 years ago.
Hi
Then the house will be re-possessed and he will end up with a very large bill for the costs of the repossession and it is likely that the house will be sold at a loss.
It will also effect his credit rating long into the future
Clare
Customer: replied 3 years ago.

I thought so, this then is not a good idea. What about the short sale or deed in lieu with the mortgage company? Could he do this? Will he only be able to do this with her in agreement?

Expert:  Clare replied 3 years ago.
Hi
This are not concepts that are available here in England and Wales
Clare
Customer: replied 3 years ago.

thank you , one last question, is there anything he can do regarding the council tax on the property? This is also in joint names. Can he also stop paying the television licence and water rates?

Expert:  Clare replied 3 years ago.
Hi
If he again leaves the property then all of these should be transferred into her name
Clare
Customer: replied 3 years ago.

thank you, XXXXX XXXXX son be able to speak to Broadacres about the house she is saying she is going to get? It may be the only way he will find out the truth.

Customer: replied 3 years ago.
Relist: Other.
my expert could be working with another client so I have been given the option of using another expert
Expert:  Clare replied 3 years ago.
Hi
No I am afraid that he would need his ex's permission to do that
Clare
Clare and 3 other Law Specialists are ready to help you

Related Law Questions