My rights over mortgage with ex h

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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?

Thank you ughhreally.

He does owe hmrc. I am hoping that this sale goes through before any of that kicks off.

Am I right in saying that if hmrc take control they can force a sale but once sold, the order of people who need paying goes like this:

Mortgage company first
Hmrc second who can take all of the profit from the 50% of the house he owns and that they can’t touch mine?

No problem. In order to do anything HMRC would need to get a charging order first and then apply for an order allowing them to repossess and sell the property. Generally, HMRC will pursue bankruptcy instead as it means they get paid quicker.

If your ex is declared bankrupt a Trustee in Bankruptcy will be appointed to assess your husbands estate and to collect all of his assets to pay his creditors. This would involve instructing solicitors to apply for the possession and sale of the house. Once sold, his share would then go into a "pot" to be divided amongst creditors and you would receive your share.

If your ex is made bankrupt keep in communication with the trustee and show you're being proactive re trying to sell as they will be more likely to give you a time to sort it out. Again, retain details of names dates of who you speak to and where poss get things in writing.

Regardless of who sells the property (you or a creditor) then generally speaking any sale proceeds tends to be:

1. Mortgage co;

1. Costs of sale (estate agent, conveyancer etc);

1. Any charges on the deeds that you're both liable for (if any - you can check this via a Land Registry search online);

1. Divided amongst you and your ex according to how you own the property. You get your share, any debts charged against your husbands property get paid. Then if your ex isn't bankrupt he would get any surplus and creditors would need to chase him for payment. If he is bankrupt, his surplus would go to the trustee in bankruptcy.

If the debts are his and definitely not joint debts, then you shouldn't be liable for them / have any monies deducted from your share.

If your ex is difficult re signing papers perhaps speak to a solicitor about whether it would be possible to make an application to the court for an order declaring that you have permission to sell the property despite not having his signature. It is an unusual situation in that he has left the country and has lots of debt. The court may be swayed by the situation particularly if you highlight the fact that making the order will enable creditors to be paid from his share of equity. Also, that not selling is placing you in financial difficulty. And making a declaration of will enable prompt sale that will mean what equity is left will not be wasted on unnecessary costs.

If HMRC are after him I would be 100% pointing them in his direction.

Thank you for your advice. It really is appreciated and I’m glad I’ve got support on here. As I said, I’ve sent him the form from the property company to auth me to sell the house. Until he responds as to whether he will sign and return or not it’s just a waiting game.

Seeing estate agent Wednesday just incase here’s a chance they think they can sell it for more very quickly but I’m wary of doing that as I will run the risk of potential buyers pulling out etc and it taking longer than the deferred period on the mortgage.

I’ve talked to them as I needed to feel like I am doing something but in the event he’s made bankrupt I won’t even have the option of renting it out open to me.

I definitely think I am best selling it quick and just walking away rather than taking a chance on getting a profit for myself.

If post arrives addressed to him am I allowed to open it? Am I even legally allowed to do that?

The house is also still full of his possessions. What should I do with that? It may be on hire purchase.

Should I just let his brother sort that out as I know he is a set of keys also.

Am I right in understanding that it’s
Better for me if he does go bankrupt as the mortgage would be paid off and I could walk away?

Position with mortgage will be the same regardless of whether he goes bankrupt. They will get paid first from the sale proceeds.

Strictly speaking, no you shouldn't open your ex's post...

As for his possessions, they will obvious need to de dealt with prior to completion, but I'd be minded to leave that to his brother. You have enough to deal with!

I wouldn’t be putting them in storage put it that way. I’d be selling them on eBay if I thought I could get away with it!

Will the company give you enough t9 pay off the mortgage ? If not they will still come after you for it. I'd check the legal position - if HMRC think you've undersold it they might try and get some money back. Have you taken legal advice ?

No, it wouldn't be paid off if he went bankrupt. Have a look on money saving expert forums for help. Maybe phone stepchange.

You would become liable for the whole mortgage if he were bankrupt. Also they would take the house to pay off outstanding debts if there is equity in it.

He has seen my email and has agreed
To sign what I need to sell the house. Which will now allow me get on with things.
One thing off the list.

If I just deal with this in logical steps I can manage this.

I can’t wait for this to be over. It’s like a bad dream.

I went through something similar with my ex. I was living in the family home as agreed, with our three children. He ran up debts and unknown to me, our house could be repossessed. I was very close to being made homeless. I had to get a solicitor and a barrister to represent me against the bank. In the end I paid off his debts by getting a loan in return for him not ever having to pay any maintenance, but at least I kept the house.

It was terrible at the time but it's all in the past now. Your bad dream will soon be over OP, stay strong.

I suggest selling the house as quickly as you can, even if you get less money.

We once bought a rental property where the agent was insistent we moved very fast: surveys, searches etc all at the same time. We did this then an hour before exchange the vendors creditors found out about the property and put some sort of charge on it. It was at least another six months before we managed to exchange, with the property then owned by the creditors. It was a rapidly rising market but luckily they did not increase the price. Perhaps they were happy to have patient buyers who were ready to roll.

Given the costs that were likely to have been incurred, including legal and interest, as well as utilities you don't want this to happen. (The agent let us in before completion to do some work, which he probably should not have done, and we found a significant leak under the floor which we sorted without saying anything.) Instead you want to be disentangle from his affairs as soon as possible.

I get the redemption figure tomorrow or Monday at the latest.

I have the person from the buy it quick for a lower price meeting me Monday to sign to agree to sell and get in the market.

I have an estate agent ready to do an open house on Monday when I sign the non exclusivity contract with them.

I’ve broken my slimming world and dry January tonight but I feel like it all will work out.

Does anyone know what I can do ref the things left in the house? These things are all my ex husbands

No one is following this but it may be useful for someone one day

Today i sold the house. To cover the mortgage.
He agreed to sell.
I instructed soliciters.
He changed his mind. Refuses to sell for a
Price we can’t get.

Thinking of u ... What is your next move

How many realistic valuations have you had? What is the difference between the price you want to sell for, the realistic quotes and the price he wants to sell for? For example he wants to sell for £20k more than the existing sale price. Estate agents are saying 10k more than existing sale price. You send him valuations, point out Brexit, falling market ongoing mortgage costs etc. Haggle him down to estate agent price. Point out he would only lose half of that, it is easy for him to to lose sight of the fact that he only gets half of it. Worst case scenario you borrow the 5k to pay his half of the profits. Far from ideal but it sounds as if you just need it and him gone from your life. You would probably accumulate that in fees etc anyway.

He won’t sell the house unless I agree to allow all of the sale profits to be sent to his bank. I’ve agreed. It’s a major hold he’s had over me out of my life.

Don’t see what other choice I have. Either sell it and agree to his blackmail or don’t sell it and he won’t pay the mortgage and I can’t afford to. Then face whatever consequences and potential debt comes of that.

Soliciter has advised I am liable if he doesn’t pay same as he is if I don’t.

I believe that he will be returning to the uk to move his stuff out and will intend to stay so I think this has all been one big mind game to get me to do all the work of selling while he has a little holiday. Previously he had said he didn’t want any of the profit and I was to keep it all and when I did get a lower offer I was prepared to accept, he refused to at that price. It’s been upped £10k since that offer and now he wants all of it. So you see why I think it was a mind game to get me to do the work.

I don’t think I have a choice. Sell and forfeit my half of the profit but it’s gone for good.

Refuse and no one pays they mortgage and see what comes of that.

Just sell it with his agreement and get the solicitor to half whats left as you are legally entitled to it, he wont know as hes not dealing with it and hes out of the country.

Legally its a 50% split so dont let his mind games get away with taking your money.

Ask your solicitor whether it is possible to make an urgent application to court for a declaration authorising you to sell the property alone without your ex's signature.

I'm not a property solicitor (I work in a different specialism) so cannot advise whether this is possible.

If you have emails of his demands / holding you over a barrel and blackmailing you into giving him your share of the equity, a judge may be minded to make an order in your favour.

You'll need a litigator with knowledge of property. A standard conveyancer is unlikely to know.

Get his forwarding address
Rent the house out as a short term solution, it’s nit just the mortgage you will have council tax, make sure you tell the council although he’s moving over seas he’s still liable - don’t let him take his name off and make you liable - as this could rack up to hundreds

You’ve got water bill even if house is empty

Renting it would at least cover some bills

But you need to ultimately sell and you can’t if his name is on deeds

Please check if your name is on the council tax bill at this address...

Are you sure that just a letter agreeing to sell will be enough? When my ex was signing the house over to me he had to go in and show his passport if I remember rightly and sign something to say he d had legal representation.