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Trapped in joint mortgage with Ex

4 replies

TreehouseWood · 16/08/2024 16:50

Hello, I’m currently trapped in a joint mortgage with my ex partner. This is a long-term situation and wonder how other people may have navigated their way through to be released from a similar situation. In short, we agreed a buy out figure that my ex would pay for my half of the house. My ex paid two-thirds of the agreed amount in 2019 and expected me to sign the house over and wait for the remainder. A solicitor advised I do not sign the house over before receiving all of the agreed amount. I acted on this advice and am still waiting for the final payment from my ex, 5 years later!
This has seriously impacted my life and prevented me from moving on fully because the situation is forever hanging over my head. Whilst the ex moved on years ago.

OP posts:
DownThePubWithStevieNicks · 16/08/2024 17:05

Do you still live in the house? Does he? Are you both still named on mortgage and deeds? Who is paying the mortgage? What happened to the 2/3 payment he made?

TreehouseWood · 16/08/2024 17:31

@DownThePubWithStevieNicks neither of us live in the house as it was supposed to be put on the market for selling. He continued to pay the mortgage and moved a mate in at mates rates! The mate has since had a break down and has lived there for free since the pandemic.
I bought a small house for myself and DC. I had saved a deposit and added the 2/3rd buy out money to my deposit pot.
both still on the mortgage plus deeds

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DownThePubWithStevieNicks · 16/08/2024 17:38

You need to see a solicitor about forcing the sale then. If you’re still on the mortgage and deeds, you still part-own it and therefore still have a hand in deciding what happens to it and who lives there.

Did you have a legal agreement stating what the 2/3 was for? Or might it just look like he has given you a sum of money…?

Are you still contributing to the mortgage?

This sounds like a real mess, and I don’t understand why you haven’t gone down the legal route in 5 years?!

TreehouseWood · 16/08/2024 18:18

@DownThePubWithStevieNicks I agree it is a real mess. I have tried to sort things and push my ex to sell the house but he refuses to do so. At the time of money transfer there was no legal documentation signed. When I came to the realisation that he was unwilling to sell, I sought legal advice from a solicitor, they said I could take my ex to court to try to force a sale but it may not go in my favour and the judge might not order the house be sold. I would then be liable for all court costs. At the time I did not want to take the risk because I needed to maintain my current home for my DC
I am unable to contribute to the mortgage as my salary is not great enough to cover two households, but know that I am still responsible for making payments if my ex stops paying or dies.

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