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Original poster

Where do we go from here?

11 replies

pennygirl26 · 03/09/2019 21:59

Little bit of background my husband was with his previous partner for 10 years prior my DH being with his ex she was married to someone else briefly and on a mortgage with another man I'm not sure which order these fall in. Whatever way it was my husband moved into her property she still Co owned with one of the ex's and paid the mortgage for 9 years they had 2 children together. After 9 years the ex wanted to sell the property and take half the profits. My husband at that stage bought him out of the property all seemed fine. Their relationship broke down and he moved out one year after. 3 years down the line he's now living with me and after several issues between them she stopped the kids seeing him for several months which cost thousands through lawyers to resolve. During the 1st few years my husband still paid the mortgage. During all of this his ex moved her new partner into the property and refused to either sell or buy my husband out. On advice from out lawyer she recommended to stop paying as she had a full time live in partner.

This has been discussed several times with his ex we have offered to sign the property over at no financial gain to my husband. Offered to buy her out and rent to her. Offered to sell and not take any proceeds. Nothing has been suitable for her and her now new husband.

We are now several years down the line and the children have told me today they are moving soon and the house is packed up. There has been no communication from his ex partner. My husband has text this evening to ask what's going on and all he being told its going to the bank. She will not discuss further.

Sorry its been long and disjointed in on my phone.

Can anyone advise what's our best options now? This has been on going for 8 years now.

OP posts:
Original poster
pennygirl26 · 03/09/2019 22:34

Anyone?

OP posts:
Original poster
pennygirl26 · 04/09/2019 10:52

Still no one?

OP posts:
Astralis · 04/09/2019 10:58

If he's your husband, then why are you trying to sort this out? You don't even know all the details. If he legally owns a share in the house then he should speak to a solicitor. But it's his situation to deal with.

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QforCucumber · 04/09/2019 11:01

Is your husband on the deeds as being an owner of the property? If he's stopped paying the mortgage and she hasn't been paying either then repossession sounds likely, was the mortgage in your DH name? If so the defaults will be all against him too.

Original poster
pennygirl26 · 04/09/2019 15:53

Astralis I'm just asking for any advice for him as his wife I want to help anyway I can.i don't know many husband and wives who just completely let the other one get on with huge problems on their own do you?

OP posts:
Original poster
pennygirl26 · 04/09/2019 15:55

Q - He is on the title deeds as far as I'm aware. It was all very rushed him taking over the mortgage and then only a few months later the relationship broke down. The mortgage is joint. We are just unsure of the best way to move forward from here.

OP posts:
Astralis · 04/09/2019 16:17

My point is that no one can give you the advice you need when you don't know the pertinent details - like whether or not he has a legal claim to the house. So he needs to see a solicitor.

WhatsMyPassword · 04/09/2019 16:24

If he is on the deeds - and the mortgage - because you can be on one or without the other, or both - he can force a sale. he needs to see a solicitor.

I would assume she is prevaricating because she and her new partner don’t have sufficient income to take over the mortgage. Or maybe she doesn’t wasn’t her new DH on the deeds. But for what ever reason it suits her to leave your DH on the deeds.

As I said, he can force a sale, which she will have the choice of buying him out (even tho no money will be apparently changing hands) or selling the property. He needs legal advice because if he owns a property with you, then there are tax implications for sale of a second property.

Getting him off the mortgage if he isnt on the title deeds is more difficult.

Original poster
pennygirl26 · 05/09/2019 01:55

We spoke to a solicitor previously who advised that because he has two young children living in the home we wouldn't be successful forcing a sale. We would need to wait until the youngest child is out of full time education. We are in Scotland not sure if it's different here. I'm one massive mess. She's pretty much told him today she's done it on purpose because he should never have left her.

OP posts:
Makesmilingyourbesthobby · 05/09/2019 02:16

If the mortgage hasn’t been being paid he should of been receiving letters/emails informing him of this I have a sibling in a similar circumstance who has a joint mortgage with ex partner and have a child togeather and solicitor told them same thing have to wait till child is 16 my sibling receives emails when ex partner hasn’t paid the mortgage for 3 months (ex partner has done it afew times and then catches up sibling hates it as it’s ruining they credit score and sometimes has to pay it if ex partner doesn’t do it) guessing dh hasn’t received anything so maybe he has a leg to stand on with the fact he hasn’t been notified of the bank taking the house but he may not of changed address details and letters been going to that address solicitor is the best advice any of us can give I think as none of us will know the details

Skittlenommer · 05/09/2019 02:50

Your DH has made some very silly decisions and left himself in a vulnerable position.

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