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he just seems to want them both homeless

(14 Posts)
honeysucklecottage Tue 20-Oct-09 13:59:42

I would like advice for my daughter.
She brought a house from the housing assosiation with her boyfriend they had a daughter together at the time she was 3 to 4 years old. The boyfriend left 4 years later after my daughter got a loan to pay his county court fines and pay for the car he left with. He threatened to kill my daughter if she did not leave the house with my grandaughter he was arrested and cautioned.

All these years shes struggled to pay the morgage and the debts he left her with. The boyfriend only paid child support when the csa caught up with him, but then changed his job, he owes my daughter £4000 in arrears. She never had the income to change the morgage.

My grandaughter has learning difficulties and worked hard to get into college. For her 18th biirthday she was informed by her fathers solicetor that he wanted the house sold and they had to get out.

This is where we are at the moment.
We can get a mortgage for the property and have asked the boyfriends solicetor what money he wants, but he just sends that he is going to court and the house will have to be sold. He has told my grand daughter he is entitled to half the house profits

Can you please advise me what my daughter can do, as he just seems to want them both homeless.


colditz Tue 20-Oct-09 14:02:21

he's only entitled, at the very most, to half of 4 years of the mortgae payments.

Your daughter could possibly tack a couple of years onto her mortgage to buy him out?

I know nothing about the legalities of house buying but you do not own half a house that you only contributed (or indeed lived in) for 4 years

colditz Tue 20-Oct-09 14:06:34

he's not entitled to half the house profits.

If the house goes to sale, the proceeds will be divided thus

Pay off mortgage
Half of 4 years contribution to mortgage to the ex twat.
Rest to your daughter.

but this is an assumption based not not much knowledge so check it.

NanaNina Tue 20-Oct-09 14:12:40

Honeysuckle - I would advise that you contact your local Citizens Advice Bureau - best to ring them to make an appt as they get very busy. They are very knowledgeable on these matters and are free of course. The other good organisation is SHELTER who deal specifically with housing issues and are also free. Google them to find your nearest one.

I would advise your daughter to make notes of all the issues that you want covered and to also make notes about the advice given because when you are upset it is easy to forget things or get them mixed up.

babybarrister Tue 20-Oct-09 14:29:26

I do not agree with colditz at all I am afraid.

The bottom line is that this is a jointly owned property and each co-owner is entitled to 50% of the equity unless there is a deed to the contrary. There is no notion of "common law" spouses, merely the legal notion of co-ownership

I would not even be sure that your daughter would be entitled to claim the extra mortgage payments she has made as she has had the benefit of living in the property whereas he has not. The only "add on" she could claim would be in respect of any capital paid off the mortgage.

Where children are under 18 there exists a further jurisdiction under the Children Act Schedule 1 to get around the harshness of this sort of outcome, however, the "child" is over 18 so I am not sure that even if she were still in education that it would be much use.

Sorry to be contrary again [Honeysuckle grin but your daughter needs a good solicitor, not CAB, as this is a complicated area of the law. Go to the Resolution website for a list of experts, some of whom, will do legal aid

honeysucklecottage Tue 20-Oct-09 14:35:02

Thank you for the replies
Its all so confusing She has been told by the Citizens Advice Bureau that as the names are both on the mortgage it is joint.
So this would mean any guy could buy a house with someone, leave after 3-4 years, go on a world tour, and still expect half the profit once the house is sold.
I thought it sounded wrong, but do not know a lot about Law, thats why I came here.
She gets told so many things. We really need to find someone who knows.

babybarrister Tue 20-Oct-09 15:44:48

CAB are basically right as a co-owner is a co-owner whate4ver the circumstances. This is complicated though so please get some legal advice! Does your daughter qualify for legal aid? please get a solicitor asap!

DuelingFANGo Tue 20-Oct-09 15:49:35

If he's never paid teh mortgage and has nothing to prove he did while she does have statements to prove she did, wouldn't this change things?

honeysucklecottage Tue 20-Oct-09 16:04:33

The thing is I want to help, so my daughter and grandaughter are secure. Instead of them having to move I got a mortgage and through a solicitor my daughter asked him how much he wants to remove his name from this mortgage, he just wants to have it go to court and sold, I do not think he would get any more. Seems rather odd to me I thought a father would want to help his daughter especially as she just started college this year.

Thank you for your thoughts on the matter. I will go and see a solicitor

NanaNina Tue 20-Oct-09 18:56:27

Agree babybarrister but somehow got the idea that the OP could not afford a solicitor but I didn't realise legal aid was available in such cases. Your advice is very helpful. ARE you a "baby barrister" ?!

babybarrister Wed 21-Oct-09 14:20:15

sadly even if he did not pay the mortgage, he is still entitled to his half of the equity as she has had the use of the property to herself..... [barring any reduction she may have made to the capital amount]

glad you are going to get advice - as you say you may well be able to buy him out - and hopefully for a lesser full than his "entitlement" as you will able to offer a quick and cheap way out for him ....It is not just a matter of the joint mortgage but the joint ownership of the property which needs dealing with

you may need to take your own legal advice though if you are going to invest yourself in the property

and yes I am a family barrister!

mumofsatan Wed 21-Oct-09 16:34:53

totally agree with Babybarrister (as usual) grin <waves at BB from behind her halloween disguise>

babybarrister Wed 21-Oct-09 21:20:32

sorry to hijack but mumofsatan - you have name changed [I think you were mumoverseas?!]

mumofsatan Thu 22-Oct-09 17:42:43

shhh, I'm in disguise wink

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