Family home issues

[veryworrieddadof2]

Hi all,

My ex partner and I jointly own a home, we have been separated for 4 and a half years and I have still been paying my half the mortgage whilst she lives in the house with her new partner.

The mortgage is up in a couple of months and I have requested a transfer of equity or sale of the house but she is refusing.

This is very stressful for me as I want to have our children more but I can't due to not having a stable home for myself and them as I can't have two mortgages of course.

I fear she is trying to force me into a new deal? I have contacted the lender and advised them I would rather go onto the variable than agree to another 2/5 year fixed as I can't carry on doing this it's not fair on the children or myself this lack of stability when they are with me.

She can't force me, can she?

She can’t change the mortgage without you
I presume it will just drop onto variable

after 4 1/2 years you be to get it sorted It’s never going to be popular shes the full benefit of the house and only pays half who would willing give that up
you to need a home you need to be off the mortgage and get your equity

You need to deal with this and stop try to do whatever it is you think you are doing. Tell her you won’t be signing up to a new mortgage deal or contributing to the mortgage whilst she occupies the entire property. Tell her she owe you an occupation payment equal to the mortgage.

Then instruct a solicitor to get the ball rolling on a house sale.

You are going to have to hold your nerve and see this through.

Why are you still paying? Are you joint tenants? Did you have an agreement about what would happen if you split up?

With a new partner in the picture, the odds of this ending with anything other than a sale of the home and a division of equity is are very low indeed. @LemonTT TT is absolutely right, you need to inform your ex that in no uncertain terms the mortgage is coming to an end, you have informed the bank that you will not be entering a new fixed deal and the house must now be sold. If she disagrees, offer mediation. If she refuses mediation, begin the court process.

Oh, and also stop paying the mortgage with immediate effect and inform her that the mortgage amount nets to zero against the occupational rent of her and her partner.

Stop paying the mortgage? She has had enough time to sort out this situation- suggest you move in and will release her equity and she can buy somewhere with her new partner

or simply tell her you will not be paying another penny

I wouldn't stop paying the mortgage, you are jointly liable for it. I would consult a solicitor and get the ball rolling - she has a new partner living there, so should either offer to buy you out, or the house is sold and equity divided.

Get a solicitor involved and ask for house to be sold and equity shared.

This is a difficult one and will depend on the ex. It could hurt the OP's credit score if they do not pay the mortgage, but it will incentivise the ex to try and maintain the status quo (and therefore fight and delay every step of the way) if they do. Either way, it's going to be financially damaging to the OP.

My advice would be to call the lender and ask for a 6 month repayment holiday on the grounds of the cost of living crisis as soon as the move to the SVR happens. If they are subject to the mortgage charter they will agree with little impact to credit score. This will mean the mortgage begins to grow, diminishing the incentive from the ex and partner to stay in the property. If things go on beyond the mortgage repayment holiday, ask for an interest only mortgage on SVR until things are settled. Also, speak to a solicitor about charging occupational rent to the ex and her new partner, again taking away the incentive to stay put.

This should reduce the costs whilst the case proceeds. Then proceed to apply for a sale of the FMH, which is likely if the ex is cohabiting. In the worst case, a court would defer a sale but make the ex pay the whole mortgage.