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Original poster

Can my ex really force me to sell my home?

38 replies

alarox · 05/04/2015 13:47

I would be very grateful for any opinions on this! (Ashamed I was stupid enough to get in this position in the first place. I was a very naive 21 yr old Sad)

I bought a house with my ex-partner in 2006. He left me in 2007, saying he didn't want anything from the house, he just wanted me to pay the mortgage and get his name removed. It was 100% mortgage, and he got made redundant shortly after moving in so I made most payments alone while together.

Unfortunately when he left the house dropped in value by nearly £60k. Remortgaging to remove his name wasn't an option. My ex thought I was being obstructive, but my only option was to keep paying the mortgage and wait for the house value to rise again.

In the meantime I've married another partner, have a child on the way, and finally the house is nearly out of negative equity. We're saving for a deposit to remortgage to get my exes name off.

My ex has been in touch to say he's waited too long, and he's applying to force the sale of the house, and I will have to pay his legal fees if he's successful. I know he's frustrated, I am too. But I've been clear with him about the situation, forwarded him regular estate agent valuations, updates on bank meetings etc. I've worked so hard to get this close to removing his name, I can't believe he could do this now.

My question is; is it likely I will be forced to sell my home? I foresee being in a financial position to remortgage in a year or two at the most. Would a judge rule in his favour do you think?

Thank you for reading all this! Flowers

OP posts:
caroldecker · 05/04/2015 14:10

If your still in negative equity then there is nothing for him to get?

CatWomantotheRescue · 05/04/2015 14:13

You really need to see a solicitor about this. Many have free no obligation initial visits. Don't mess around trying to deal with this yourself.

SilverBlur · 05/04/2015 14:13

This reply has been deleted

Message withdrawn at poster's request.

meditrina · 05/04/2015 14:22

If it's pretty much breaking even, then best just to sell and be done with it.

This has been hanging round for 8 years. He's been more than patient. Yes, he can force the sale. And I don't think anyone would find him unreasonable after this length of time.

Original poster
alarox · 05/04/2015 14:54

Thanks for the comments so far.

I've thought hard about selling at various points. If it sold now it would be for £30k less than the original mortgage (if I got the asking price). I've thrown so much money at this property to close the equity gap. It's taken this long because of the falling price and my mortgage provider moving goalposts when trying to remortgage. I'd be devastated to lose it all now with the end in sight.

I will be seeking professional advice. Thanks all.

OP posts:
Original poster
alarox · 05/04/2015 16:55

Long shot but if he did force a sale, could I pursue him for half the mortgage payments I made?

I'm just so angry about it all. He was cheating when he got the mortgage with me. Then he buggers off. Waits for me to pay the massive negative equity, then forces a sale when I'm so close to being able to remortgage. It's hard for me to see that as reasonable tbh Sad

OP posts:
caroldecker · 05/04/2015 17:32

What would he get if you sold - surely all the money would pay off the mortgage, leaving him (and you) with nothing?

Original poster
alarox · 05/04/2015 17:48

Correct Carol, neither of us would get anything if it sold. I think it's unfair because he signed up to this as I did. But I've been the one struggling all this time, going without to pay for this house single handed. I know I'll never get what I paid for it. But after removing his name I wanted to save more, convert it to a buy to let, and buy my own house elsewhere with my new family. A very long term plan as savings are slow, but it's kept me going. Neither would get anything but I would lose everything I worked for. Hope this makes sense.

OP posts:
Hissy · 05/04/2015 17:49

So he put nothing in at all? Did he make any payments on the mortgage? Can you prove you have made the payments all this time?

If think that he was entitled to take out the same percentage as what he put in...

Viviennemary · 05/04/2015 17:55

I agree you really need to see a solicitor. He owns half the house and that's got to change in the near future if you want a secure home. If there is no equity in the house then he won't get a share. The complications would arise if there was equity in the house but you have been paying the mortgage yourself and he wanted part of the equity. He can force the house sale if he owns half of it IMHO. Get his name off the deeds. He should be willing to do this if the house is in negative equity.

kittyvet · 05/04/2015 17:55

Absolutely get professional advice. My sister was in this situation years ago when a cheating ex tried to claim he had made all the mortgage payments whilst my sister had taken care of the household bills so he was entitled to the whole house after moving out. A letter from a solicitor soon put him right reference the fact he was only entitled to half! If you can prove what you have put in then he is only entitled to what he can prove he put in!

PrincessGeorge · 05/04/2015 17:56

Is it just that he wants his name off it, as he is making plans to buy another property but this will be listed as one of his liabilities? It is a very long time for anyone to be in limbo, and seems like it would be best for everyone to just cut their losses and finally move on. His name being attached will be preventing him from getting other credit/ a mortgage etc.

Original poster
alarox · 05/04/2015 18:01

Yes I can prove it. He contributed half the mortgage payments for 5 months since 2006. I've continued to pay everything myself since. He's put in £1000 altogether in mortgage payments before being made redundant, I paid everything for us myself then until he left 7 months later. I've put in £25000 and maintained the property myself. I have so much to lose from this. I just hoped someone would say that if I could prove I was working toward getting his name off, and seeing as there'd be a baby living here too, a judge may not force a sale.

OP posts:
Original poster
alarox · 05/04/2015 18:06

Thanks for the responses everyone, I appreciate all comments.

OP posts:
SilverBirch2015 · 05/04/2015 18:10

Surely he can have his name removed from the deeds and probably the mortgage without you needing to remortgage? There will be a small fee to make these changes which you should share equally. Alternatively get a solicitor to draw up an agreement between you.

I can understand why he wants to sort this out, as the mortgage still being in his name, prevents him buying somewhere himself.

SilverBirch2015 · 05/04/2015 18:17

You can also remortgage if you are in negative equity:

citywire.co.uk/money/in-negative-equity-you-can-still-move-your-mortgage/a689575

Viviennemary · 05/04/2015 18:46

If the house is in negative equity it's not really in his interest to remain on the deeds and the mortgage because if he did force a sale he'll be liable for half of the remaining mortgage once the house is sold. Why doesn't he just agree to have his name removed from the mortgage and deeds to the house.

Original poster
alarox · 05/04/2015 19:15

Thanks for the comments, unfortunately I come up against a brick wall wherever I try to remortgage. I've had appointments at 6 different high street banks and been told I need at least 5-10% equity. Every expert I've met with has said they can't remove his name unless I remortgage. I'm almost there though! The negative equity is only £2000 now. I'm so close to sorting it.

OP posts:
caroldecker · 05/04/2015 19:16

Tell him that forcing a sale now will mean that he owes the bank £1,000 - waiting until you remortgage means he saves the £1,000.

Original poster
alarox · 05/04/2015 19:22

Thanks carol. I do understand his frustration. Despite what he put me through I've been nothing but amicable. I'm desparate to move myself but I really don't want to throw away this house when I'm so close to being able to remortgage. Will talk to a solicitor this week. Thanks again Flowers

OP posts:
SilverBirch2015 · 05/04/2015 20:12

This all sounds a bit odd to me, I can see why your ex thinks you are being obstructive. Have you ever contacted the company who your existing mortgage his with?

What about your new partner? If you were able to manage mortgage on your own, with the extra income could you not take out an additional loan to cover the negative equity?

Viviennemary · 05/04/2015 23:20

I don't really understand it either. You'd think he'd jump the chance to get out of responsibility of negative equity which is in fact a debt. I'm sure there must be a way round this. Have you spoken to your current lender or a solicitor even.

SilverBirch2015 · 05/04/2015 23:34

Thinking about this, particularly as the OP has not been back. Reading the original post, she has indicated that the house fell in value after he left. It would be interesting to know whether this has any bearing on the responsibility for the negative equity debt, although it sounds like nothing has been discussed with the original lender. But if a verbal agreement was made and can be proved would that have any impact on this responsibility?

LotusLight · 06/04/2015 08:51

Now she has a child on the way it will be much much much harder to get a mortgage unless the new husband (first husb and I assume?) is a high earner.
Once the child is here then the Children Act might make it hard for the ex partner to force a sale.

The ex partner may just want to be off the deeds so he can buy somewhere else - he's been held in mortgage limbo for years unable to get on with his life.

Kundry · 06/04/2015 09:00

You need a solicitor for legal advice and a mortgage broker for your remortgage not a high street bank. Banks have a limited number of simple products available on the high street. A mortgage broker will almost certainly be able to find a specialist company that is happy to remortgage you.