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Original poster

My rights over mortgage with ex h

49 replies

namechangedforthis124 · 03/01/2018 16:20

Ex h and myself jointly own a property.

I moved out three years ago and he has been living there. Paying mortgage on his own. We verbally agreed he would take me off the mortgage and get one on his own.

He has just told me he is planning to leave the country tomorrow and not come back.

What do I do? I can’t afford to pay my rent and the mortgage at the same time. Can I sell it? Do I need his permission? Can I ask the mortgage company to buy back off me?

Please can someone offer me some advice?

OP posts:
SheRaaarghPrincessOfPower · 03/01/2018 16:26

Are you divorced? What was agreed at the time that you split?

He can't just stop paying the mortgage, would he agree to it being sold?

HerRoyalNotness · 03/01/2018 16:28

Check if he has remortgaged it etc. Did he give explanations as to why and what he's doing with the House?

Can he sign it over to you and you move back into it? Dependant on answers to above

Original poster
namechangedforthis124 · 03/01/2018 17:09

We were on good terms when we divorced last year. He wanted to keep the house then take me off the mortgage this March. To get his own mortgage. All this was verbally agreed. As we were on good terms. All amicable.

I think he is moving to outrun debt. Mortgage payments are up to date I’ve checked. He couldn’t of remortgaged as it would need my signature wouldn’t it and also it would show up on my clear score as the mortgage does.

The house is worth more than what we
Owe.
Can I just hand it back the bank? He has said he will leave a letter that gives me his permission to sell.

Does anyone know what my
Options are?

OP posts:
Original poster
namechangedforthis124 · 03/01/2018 17:09

Just said he is going probably tomorrow and he’s not paying the mortgage anymore

OP posts:
Original poster
namechangedforthis124 · 03/01/2018 17:10

I can’t feasibly move back into it as it’s too far from my daughters school.

OP posts:
SheRaaarghPrincessOfPower · 03/01/2018 17:11

You can't just hand it back to the bank.. Can't you just sell it?

Original poster
namechangedforthis124 · 03/01/2018 17:13

I don’t know can I? If he leaves
The country to outrun debt (his not related to me) am I able to sell it without him being here?

OP posts:
SheRaaarghPrincessOfPower · 03/01/2018 17:18

I think you need to speak to a solicitor as soon as possible. Is he intending to default on the mortgage?

Original poster
namechangedforthis124 · 03/01/2018 18:08

I get the feeling he is yes. I think he means
To emigrate to avoid debt.

I want to sell the house. I can’t afford
My rent and the mortgage. I can’t give up this house and move back their. It’s unfeasible. Too far away.

I just want rid of this house I don’t care
About making a profit. Just want to be able to walk away.

How can he do this???

OP posts:
Babyroobs · 03/01/2018 18:48

Sell the house and split the equity. He can't just walk away from a massive commitment like that.

LovingLola · 03/01/2018 18:50

You will be in a world of difficulty with this if he leaves the country tomorrow. You are jointly and severally liable for all of the mortgage value. You need to get legal advice asap.

SheRaaarghPrincessOfPower · 03/01/2018 18:53

Yes, legal advice. First thing tomorrow.

What he's doing is awful, you need to protect yourself and make sure you're not liable for the debt.

Did you get anything agreed in writing about the house when you divorced? Deed of trust? Anything saying who is responsible for paying the mortgage?

Original poster
namechangedforthis124 · 08/01/2018 11:31

He’s gone. I’ve spoken to the mortgage company and am awaiting a redemption figure. They are aware of what’s happened. I have a company ready to buy the house just need him to sign the forms. I’ve emailed them.
I feel worried sick and furious. Just have to wait now and hope the fee for the house cancels out the redemption fee.

OP posts:
loveka · 08/01/2018 11:36

You could rent it out until this is sorted out?

It is a asset and you may regret hastlily selling up in the future. It is half yours, so get it rented out and give him half of any profit.

Selling to 'a company' may mean you are not getting market rate for it.

loveka · 08/01/2018 11:37

You are not liable for any debts he has, unless they are in joint names. You said the mortgage is up to date, so no problem there.

Original poster
namechangedforthis124 · 08/01/2018 12:06

I know I won’t get market rate. I am hoping just to clear the mortgage and get rid for peace of mind.

I’ve called the estate agents and I am getting it revalued this week and I may be able to rent it out but I know that won’t cover the mortgage.

He has a huge amount of outstanding debt in his name.

He has to sign to agree me selling it. I’ve emailed the forms.

I will have to wait and see what the estate agents say I suppose and see if they think it will go quickly.

I am worried that he may come back on a whim as he went on a spur of the moment decision and then it just gets even more messy if he then decides he doesn’t want to sell it anymore.

OP posts:
ugghhreally · 08/01/2018 12:07

Don't allow the property to be repossessed by mortgage company. You will incur LOTS of fees which will be deducted from sale proceeds. They will also not get the best sale price for it - typically properties end up being auctioned.

Try to sell it yourself. Either to the company you have been in contact with (check you're not being ripped off, although if you want a quick sale you may just need to accept you will not get beat price) or via an estate agent in the usual way. As it is jointly owned, you will need his signature on any paperwork to complete the sale. Factor this in when making a decision. If he does not co-operate not sure you'll be able to do anything.

Like others have said, are you able to rent it until you can sell it? Might be worth asking mortgage company if it is prepared to give you a payment holiday or temporarily reduce the payments until your renting it / have sold it / your ex is cooperating.

Original poster
namechangedforthis124 · 08/01/2018 12:09

Mortgage company have agreed to defer payments for 3 months.

OP posts:
ugghhreally · 08/01/2018 12:18

Great. Keep channel of communication with mortgage co open - they will be more receptive and likely to co-operate / try to work with you if you do.

You sound v sensible, so apologies if you're already doing this but definitely keep an note of the date / time / who you speak to at mortgage co in case you need to refer back to it at a later date.

Also when you do sell, check you receive all monies that are yours (Ie) if he has lots of debt, then there maybe some charges against HIS share of equity which should be deducted from his share only - it is possible that despite there being equity in the property on paper, his share of equity is all charged up.

ShotsFired · 08/01/2018 12:29

Can you play a bit of a longer game ands try and play nicey nice to find out where he's going? And meantime try and get to him confirm your agreement in writing? Basically if you can give debt collectors a lead on where he is, it might get them off your back (if they come knocking).

"Hi John, I know you're only just settling in, but just wanted to check whether I'm still your next of kin [whatever]. What's the process over there?

Also I have some old statements and mortgage info on the old house. As we agreed, the mortgage is all yours now, so shall I send them over or return to the bank or what? Happy to help"

Original poster
namechangedforthis124 · 08/01/2018 12:53

He is out of the country. Think other side of the world.

The mortgage company already know the situation so I can’t do the hope you’ve settled in ok. They’ve explained regardless I am jointly liable and in his absence liable to make full mortgage payment.

If their is any profit in that is seen, his part is totally eaten up. He has in excess of 100k debt that I know about. All in his name. Loans, credit card, outstanding tax etc.

I’ve emailed him the forms to agree for me to sell the house.

Providing the redemption figure is less than the offer off this buy your house fast for a lower than market value, I think I just need to accept it.

If he doesn’t sign the forms, I guess I will have to try and rent it out as like a poster advised me below, the fees for reposson are not going to come cheap.

At this moment in time I would love a profit but it’s more important to me to make sure I am not left haunted by this mortgage.

I am just sat here furious and a bit in disbelief as I can’t believe this has happened.

OP posts:
Original poster
namechangedforthis124 · 08/01/2018 12:54

Thank you for all your kind replies. Believe me it has made me feel a bit better.

OP posts:
Original poster
namechangedforthis124 · 08/01/2018 12:56

What worries me is if he doesn’t send the signed form back for me to sell the house.

Then I am really up shit creek aren’t I?

OP posts:
Original poster
namechangedforthis124 · 08/01/2018 12:57

I’m reading this thread and I cannot believe this is my life. I know people have far worse to deal with and I am thankful for all the good in my life but fuck me, who does that to someone??

OP posts:
ugghhreally · 08/01/2018 13:21

If he doesn't sign then unfortunately I think you're stuck but it might be worth speaking with a solicitor to see if there is anything to be done.

I don't mean to stress you out, but if any creditors have a charge against his share of the equity they could (if they want to) apply for the possession and sale of the house even if the mortgage co do not.

If he is in lots of debt generally, a creditor could try to make him bankrupt (if he owes HMRC money, this is a real possibility) assuming this hasn't already happened. If he is declared bankrupt, his trustee in bankruptcy will take steps to sell the property. Again this would incur a lot of fees and should be avoided. Again, it's not my intention to upset you, but to warn of possible issues that could arise given his situation. Might be worth keeping an eye on post at the property if you can do that you can see whether any papers / letters are served there so you can deal with things if they arise.

If he does get difficult, might be worth pointing out that by dragging this out and increasing costs he is depriving your child of financial stability. You'd hope that would make him see sense. Fingers crossed this isn't necessary though.

You're doing great, worst thing would be to ignore this. Really hope things are resolved for you asap.

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