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Joint mortgage force house sale

1 reply

HeartyReader · 15/10/2024 11:18

Just wondering if anyone can help.

My partner bought a property with his ex in 2013 they have two children together. They separated in 2016 and my partner left the family home and rented a property near by as she wished to remain in the family home and wanted to take over the mortgage in her name. He agreed as he didn't wish to cause and stress to the kids.
In 2019 she met a new partner and he moved in and they had another child together and then subsequently split up in 2021.
My partner has been asking her for years to remove him from the mortgage and she's basically told him he's trying to make her children homeless and that he can't make her sell until his youngest is 18 ( which will be 2032).
She missed 8 mortgage payments last year and completely blocked my partner. Without his consent she has added the arrears to the mortgage.
There's atleast 70k equity in the property and she has a reasonably well paid job at a high st bank + her UC and child maintenance from 2 fathers & child benefit.
He managed to make contact last week and he told her she's given him no choice but to force a sale as she cannot prove affordability to the lender to take over the mortgage and has affected his credit history. She sent him a message back with laughing faces saying "you can't force me to sell until youngest is 18 you greedy b***d".
My partner loves his children but we are in a terrible situation as we can't even rent together now without a guarantor let alone buy a property.
We have contacted a mediation company and they are writing to her but we don't hold out much hope.

How can she say he's trying to make her kids homeless when she didn't pay a penny towards the mortgage for 8 years.

Do you think we have a chance of winning if we take this to court ( TOLATA).

She has told the children aged 12 & 10 " your dad's being greedy and wants to make us all homeless so that he can move with his new girlfriend ( me we've been together since 2017)

I feel like he is a victim or economic abuse via the mortgage.

Any advice appreciated.

OP posts:
Wolfpa · 15/10/2024 11:31

it is likely if you go to court you will win as it is rare these days to have the stipulation that the children have to be 18 before you can sell the house.

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