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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10398
Experience:  I have been practising for 30 years.
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My name is on the deeds and mortgage of a property, I moved

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My name is ***** ***** deeds and mortgage of a property, I moved out 2 1/2 years ago and my ex partner was continuing the mortgage payments. It is an interest only mortgage and there is no money to pay it off without selling the house. The mortgage payments have now stopped and they are 2 months in arrears. It appears also that the house insurance policy has been cancelled. I have no assets, I rent a room in a house share and have a 32 hours a week job which just covers my rent and outgoings. Most of my possessions are still at the house as he has changed the locks and refuses me access.I have tried in the past to get him to agree to sell so that I could have some money from the sale, but he refuses point blank. I can and will advise the Building society of my situation, and can try again to get private sale of the house under way, but think that is almost impossible. I know I am liable for mortgage payments but can't pay anything, can I refuse to pay? If the house is repossessed which I think is likely, do I automatically get part of the proceeds, however small?

If the house is repossessed, you would normally find that by the time the solicitors and agents and auctioneers have taken their money, there would be very little left. If there is, you would get half each.

Meanwhile, you are entitled to re-enter the house and as it is in your name also, you can break in you wish or use locksmiths. If you are going to break in, you are entitled to charge him for any repairs but if doing that, I would urge you to call the police before doing so the X cannot cause trouble by alleging violence or criminal damage.

You can make an application to court for an order for sale to make himself a house but there is no legal aid and hence you would be faced with paying the court costs yourself initially although you would normally get those awarded against him in your favour if he simply refuses to sell.

The best thing that you can do in circumstances like this, you are not able to initially fund the legal action and you can get a solicitor to do it on a no win no fee basis, is to tell the lender exactly the situation you are in and how awkward the X is being.

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Best wishes.


Customer: replied 1 year ago.
Thank you, ***** ***** in line with what I expected. X is an alcoholic and can be very unpleasant, I have no wish to break in or confront him in any way at all, let alone try and go through a court battle with him. I am prepared to cut my losses and take whatever I get, so I assume I should advise the building society of my situation and also X of what I am doing, as the end result is likely to be repossession?

At this stage in time, the building society are going to be your best friends and although they will take a commercial view, the best thing you can do is to keep them totally in the loop. Put it in writing so that they have a record and not relying on telephone calls

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