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Kicking my mother out.

(11 Posts)
AdmiralData Fri 10-Jan-14 20:52:01

Hi. Sorry if the title offends - read previous threads of mine and you will quickly understand.

My dad has an endowment mortgage, he has had this for approx 15 years. My dad met my mum 10 years ago. She has only worked 5 of the past 10 years and has only given money towards the house for those 5 years. My mum and dad married 2 1/2 years ago.
My parents have separated and my dad is going to rent a house two doors up from me as of tomorrow. My mother is still living in the mortgaged house. My dad has stopped paying the mortgage (approx 2/3 months ago). My mother wants to keep the house via my dads mortgage and thinks all he has to do is sign the house over to her but the Principality says this isn't possible, my mum doesn't work anymore for a start plus now she is in hospital 5 days a week. The council is demanding that my Dad pays council tax on two houses until the keys are handed in to the Principality so the house is 'empty'.
Mother is making this impossible. Does anyone know what rights my mother/father has and where to go from here??? Thanks in advance.

CogitoErgoSometimes Sat 11-Jan-14 09:15:58

If your father is the mortgage holder, he is liable for the payments and just stopping paying was a foolish move therefore... they will come after him for the arrears whether he lives there or not. If the council believe he lives in both properties he has to set them straight on the real situation. As sole occupant of the marital home, your DM would (I'd have thought) be liable for the council tax there with a single person discount. But only if the electoral roll is corrected.

If this is a permanent change and divorce is the next step then he needs to take legal advice urgently. As his STBXW he will find your DM is entitled to a significant percentage (probably 50%) of the capital in the marital home together with a share of any other marital assets. That she hasn't contributed financially is irrelevant. She is a DW not a DP and that confers certain rights.

Principality?

CogitoErgoSometimes Sat 11-Jan-14 09:17:24

Sorry.... confused 10 years together and 2.5 years married. The start-point is 50/50 split of assets but any assets acquired prior to marriage are treated slightly differently. She will still have a significant claim.

SuperScrimper Sat 11-Jan-14 11:09:38

If your Dad only met your Mum 10 years ago how exactly can she be your Mum?! Assuming of course, that you are not 9 grin

CogitoErgoSometimes Sat 11-Jan-14 12:21:23

I think the 'step' is implicit.

Viviennemary Sat 11-Jan-14 17:40:27

This is a very confusing post. Impossible to answer unless you make things clearer.

AdmiralData Sat 11-Jan-14 20:37:45

Didn't realise I had to write 'step'. My dad is the only one I have ergo Dad and not step. The Principality is the building society with whom my dad has an interest-only payments mortgage. My mother lives alone in the 'marital' home and my Dad has moved out. The council still hold my dad liable for council tax on the 'marital home' even though he doesn't live there and expect him to pay council tax on two properties just because my mum won't move out. Yet she won't pay the mortgage or bills either :/ Should have known better than to ask on MN. Shall find a solicitor.

CogitoErgoSometimes Sat 11-Jan-14 23:09:26

If your Mum isn't named on the mortgage or bills, she's not liable for the payments. Your Dad can ask the utility companies to change the name on the bills as he's no longer living there but the mortgage with Principality remains his sole liability.

There's no need to sound so ungrateful btw.

AdmiralData Sun 12-Jan-14 00:14:02

The ingratitude was not meant towards those actually being helpful Cogito.
It is actually pretty fucking difficult trying to sort out the lives of two fully grown adults when you're in my position, I don't need random strangers making me feel shit right now, I'm about as desolate as it is possible to feel right already without the help of individuals being harsh. Thanks for your advice.

CogitoErgoSometimes Sun 12-Jan-14 10:32:54

With respect, as they are fully grown adults (and assuming a reasonable level of intelligence), they are responsible for their own affairs. The situation you're describing is a fairly standard one for a lawyer but incredibly difficult for a layperson like yourself. It's not your job to sort out their lives, especially if it causing you such distress. Point Dad in the direction of a solicitor and leave him to it.

littleredsquirrel Mon 13-Jan-14 08:53:44

Its your dads mortgage therefore its his responsibility to pay.

He needs to see a solicitor

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