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Leaving a violent partner - what to do about the mortgage/loans?

4 replies

MissScarlett · 28/04/2009 17:33

My best friend left her violent partner about a year ago. At the time, actually getting away from him seemed like the main priority and she left him with the house, which was in both their names and moved back in with her mum, where she is now. He has refused to take her name off the mortgage, or sell the house, and is still living there alone and paying it by himself (or possibly with a new partner).

She also took out a loan in her name against the house which he was continuing to pay. She also had a third loan, just in her name which she took out to pay for a kitchen and to furnish the house. She continued to pay off this loan after she moved out, and has now cleared it, although all the furniture remains in the house with him. He also took the car they bought jointly.

She let him basically keep everything they bought together because she was scared of the repercussions if she challenged him. She had a solicitor through Womens Aid who said she could not get her name removed from the mortgage without her partners permission (which he refuses to give) but advised her to get on the electoral register at her mums, get some of the bills put in her name and make sure that all the companies involved were aware of the situation.

Surprise, surprise - he's stopped paying the mortgage and the loans and now she's getting threatening letters talking about bailiffs. Is there anything that you know which can help in this situation?

OP posts:
risingstar · 28/04/2009 18:53

Seems really harsh in the circs, but i guess she is still jointly and severally liable for it all. Is there any equity in the house? Has she told the mortgage company about the situation? Really the potential equity is the key as this could possibly pay off the other debts. She really needs some legal advice I would say.

MissScarlett · 28/04/2009 19:42

Thanks risingstar - the key is communication really, I guess and as she's still quite nervous of him and he's generally pretty unreasonable, I can't see how it's going to work out

OP posts:
Drusilla · 28/04/2009 19:46

I thought you could go to court and force the co-owner of a property to sell it, if you could show good reason for doing so? She needs to see a splicitor - if she finds one that does the free initial consultation she could find out if it is worth persuing.

risingstar · 28/04/2009 19:51

I don't think that she needs to communicate with him directly as such. I guess the mortgage company will tell her how much is outstanding and she could probably get a good idea of value from an estate agent, or find similar local houses. If there is equity then there is something she can do about it. i guess if she has paid off the other loan and is at home with her mum, she could afford some legal advice? This might just give her some control. She really must get hold of all the creditors and tell them what is happening.If she can get a solicitor to draft a few good letters on her behalf it might at least tone down the letters from the creditors

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