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Dealing with joint mortgage on relationship breakdown?
Alan Selwood
Posted: 26 May 2015 11:17:09(UTC)

Joined: 17/12/2011(UTC)
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Don't hand over money unless you have previously had the idea vetted and approved by a reputable solicitor and then suitable legal documents drawn up and signed by all parties.

Naturally, her 40% deposit should be highlighted at divorce proceedings, and she should press for a settlement which enables her to retain the house and receive some capital and/or income with which to live and to service the mortgage or redeem it.

Always talk things through with a suitably qualified solicitor whenever divorce or problems between spouses over legal title (etc) crop up. Get everything in writing. Believe no promises unless backed up by the handing over of cash...... Etc!
1 user thanked Alan Selwood for this post.
Gillian Greenacre on 26/05/2015(UTC)
Posted: 26 May 2015 11:54:47(UTC)

Joined: 26/05/2015(UTC)
Posts: 1

Hi all,
Wonder if anyone can give advice on where I stand I have joint mortgage with my now ex girlfriend..

My partner and I had some heated arguments leading up to last Monday where she demanded I left or she would get her father and brother to remove me. To avoid any confrontation I agreed it would be best If I would go to my parents for a few days so we could have some breathing space and could talk this through.

My parents live a 100 miles away and I do not have a car (sold it to put towards the house) My mum understood how upset I was and agreed it was the best option at the time and came and picked me.

When i left my keys were nowhere to be found and my now ex girlfriend i believe had taken them but refused to answer her phone I had no option but to leave without them.

The next day she told me our relationship is over and that she will not allow me back into the house. She obviously had already thought about this as she has asked me to agree to transfer of equity of the house not even 24 hours of me leaving.

AS I do not have a car and my job is where I live I cannot work unless I can live at my house. I do not have any friends or family close to where my house or job is. I up routed my life to be with now ex girlfriend 6 months ago.

I have contacted the police but they have told me not to go near my own house as it could lead to a breach of peace and they would have to get involved.

I have a solicitors meeting in a few days but im so worried. I don't know where I stand at this time I risk losing my job and my house I cant sleep or eat I feel so sick how is this fair?
Ed Powell
Posted: 09 January 2017 13:01:34(UTC)

Joined: 09/01/2017(UTC)
Posts: 1

I am hoping someone can help because I am at the end of my tether!

My wife and I split 18 months ago, it wasn't working and it was a fairly amicable split at the time.

I moved out and rented a flat, but continued to pay the full joint mortgage so that she could carry on living in the house with our two children. After 6 months she moved her new boyfriend in and so I refused to pay the mortgage. Since then she has missed a few mortgage payments, but she cannot afford to get a mortgage on her own (or with her new boyfriend), so my name has to stay on the mortgage.

I have been in a relationship for a few months and would now like to buy a home with my new partner.

What are my chances of getting a joint mortgage with my new partner, bearing in mind that my name is still on the other mortgage, and it has been in arrears?

Any help or advice at all would be very much appreciated.

Mark C
Posted: 15 January 2017 11:12:19(UTC)

Joined: 17/12/2016(UTC)
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In answer to your question, the chances of you getting another mortgage in your circumstances are poor and getting poorer.

When you stopped paying the mortgage you put yourself and your ex-partner in breach of contract with the lender. There's no such thing as "your half" and "her half" of a mortgage payment except possibly in your own minds. The lender recognises only that a payment has been made, or it hasn't. You are both equally liable for all payments and repayments, whether you're living in the house or not.

You should do two things, IMO. One, hire a solicitor to see what (if anything) can be done about forcing a sale. Two, talk in depth to your lender and do it soon. They might let you pay interest only for a few months, but it won't solve the problem. What it will do is make them feel included; lenders hate uncertainty and if the lender forces a sale of the house because of arrears, you'll not be getting a mortgage for years and years.

There's one thing you shouldn't do. Buy another house with another partner before the one (of each) you've already got is sorted out.

Sorry to be gloomy, but by stopping paying, you precipitated a bigger problem than you realised. Go talk to your lender. And good luck.
Posted: 15 January 2017 13:35:53(UTC)

Joined: 07/04/2011(UTC)
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It won't help, but I understand your situation very well. My friend moved out of her home when she found her partner had been having an affair. I told her not to move out at the time, but she said he had agreed to sell their home and release her equity (all in writing). She trusted him! They found a buyer, but he suddenly pulled out of the sale. My friend found he had moved his girlfriend and her son in to their home, which was against the terms of their Declaration Trust as Tenants in Common, and she obviously wanted to live there.

He could not afford to pay my friend, and so he simply refused to sell and refused to buy, unless she agreed to drop the price significantly. She was stuck, with no money to buy another home, while he and his girlfriend were living in luxury.

The law in this matter is governed by the Chancery Division of the High Court, and the only people to benefit are the lawyers and those with the money to pay them, regardless of who's in the right.

My friend was forced to go to court to force the sale, but did not have the significant cash to obtain proper legal representation. She opted to be a 'litigant in person' because she assumed her case was very straightforward, and the judge would see through what her ex- had been doing. I was her 'McKenzie Friend' and had to watch in horror. He had hired a barrister who, in the short court time (case management conference) available, persuaded the judge that it would be best for all if the house be purchased by her ex- at a lower price because it had been on the market for 2 years, and therefore it was wrong for my friend to hold out for a higher price. The fact that he had pulled out of the sale over 2 years earlier, and had moved his girlfriend (by then his wife) into the property and breached the terms of their Declaration of Trust, was not even considered in the judgement.

My friend lost her case and was subsequently hit with a demand for £39,000 costs by her ex-. The only upside was the judge had not awarded costs because he said he could see there was more to the case than met the eye, and therefore reserved the matter of costs for a future date.

Thomas O Brien
Posted: 19 January 2017 18:14:57(UTC)

Joined: 19/01/2017(UTC)
Posts: 1

Hi about 17 years ago myself & my Partner took out a Joint mortgage on a property in Clacton Essex Through Abbey National then about 8 years we split up I moved to Lincolnshire 5 years ago about 6 months later my partner & Myself got back together so my partner Let the property she has had Tennants in the property but she says that the property belongs to her now and I no longer Own 50% of the Property is this Possible
Best Regards Tom
Posted: 23 January 2017 12:16:34(UTC)

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If your name is still on the mortgage, and you didn't sign anything handing over your 50%, then you are still a joint owner. She may argue she paid the mortgage throughout (assuming you didn't!), but that's not the same as ownership. I assume she also had 100% of the rental income which, by rights, should have been split between you.

Mark C
Posted: 24 January 2017 09:37:38(UTC)

Joined: 17/12/2016(UTC)
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All land titles are registered - at the Land Registry. What it says there goes. If your name is on the Title, you're an owner. End of. It is possible (though unlikely) to be named in a mortgage while not being an owner.

You can search online and pay a small fee £3 for a Title Report which lists the Registered Owners.

Simon llewellyn
Posted: 02 February 2017 01:57:03(UTC)

Joined: 02/02/2017(UTC)
Posts: 1

Hi guys..just wondering if you can help me out on the situation im in at the and my ex partner was together for 13yrs got two children 10 and 6..we intended to buy a property together back in march 2012...due to my bad credit rating i got turned down for the mortgage so my partner at the time put the mortgage in her name..we bought the house for 65000 put 10k deposit down..i moved out of the property in december 15 after living there for the period of time..ive got 32k worth of builders receipts and stuff i blught for the house kitchen..bathroom.decking new windows etc..i had my pay dockets going licence i was paying jome insurance..i was on the council tax from march 15 till dec 15..we had amigo loan for 5k in my mothers adress i applied for it but it was paid into her bank account where she keot the 5000 in her bank and was buying stuff for the house out of it for home improvements..also ive got a letter off the mortgage adviser saying thst we intended for a joint mortgage but failed due to my credit rating..2 years later we tried again to add me on there and realease 15k so we coukd invest in other properties but again due to my credit rating i coukdnt get on there i also got letters off the two companies provided for them two mortgage applications..she is saying i never lived in the house..i bought her 5k windows as a gift..what is everyones outake on this matter..she was also claiming single parent for the duratioj i was living there i found this out after i moved out when she was sayinh what you on about i never lived in the house..ingot messages on my phone where shes then saying you only lived you for 3 weeks..3 months then 6 months the girl is a complete nut case..even her solicitor is writing this for her..and he is the solicotor thst signed the house for us i was there as a witness..he knows that i lived in the house a paid for everything she never worked only the last 6 months i was barrister is rubbing is hands at the case picking holes in everything..what would you suggest guys..i got receipts and bills for 32k on the house or would you go for the equity which stands at around 55k..shes also claiming her aunty give us a 10k loan to pay back..i was in a well paid job and offered her the money she wouldnt take it as it was a gift she told all of a sudden its a loan i never signed no agreement to a loan with her..also got her mother on recording admitting i paid for everything in the house..sorry to babble on ere..its a lot to read i know but thats in detail whsts happened and whats the best way to go about it go for the equity or what ive put in..would she say if i took her for whst ive put in shes skint and pay me peanuts a month. Thanks for readinv
Mark C
Posted: 02 February 2017 12:13:48(UTC)

Joined: 17/12/2016(UTC)
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From what I understand in your post, you have a solicitor and a barrister already on your side so it's difficult to understand why you'd ask these questions of people on here who aren't (AFAIK) legal specialists and who even if they are certainly don't have all the facts. If I misunderstood and you don't have a solicitor, you need one, and now.

If you can prove you lived at the address (credit reference agency / bank / credit card / loan statements / tax correspondence showing address, drivers licence, passport renewal, voters roll) and you can prove the receipted payments came from your funds ask your solicitor whether he can register your interest in the house in the Land Registry. Presumably since the mortgage is in her name alone, you're not on the deeds and so can't easily prevent a sale, as things stand.

You might find this useful.

Basically, if you lived in and contributed to the property in cash or in kind you acquire rights to the property. Your rights probably don't outrank the mortgage, but if you paid some of the deposit money and can prove it, you might have a case. This comes about from the bad old days when houses were bought in the husband's name and the wife had no rights at all - she could be chucked out and lose everything if hubby moved new wife in. Or sold the house.

The legislation that brought about that protection for the wife now protects you. Ask your solicitor. Any advice you get from here (and I include what I said above) is worth exactly what you paid for it, I'm afraid.

Good luck to you. Tough position to be in.
Sally Long
Posted: 12 February 2017 19:08:50(UTC)

Joined: 12/02/2017(UTC)
Posts: 2

I wonder if someone could advice me. My husband divorced his ex wife in 2011 and the judge issued a court order for the ex wife to get him released from the mortgage but he was to have a sort of charge on the house for 35% of the equity at such time that either she remarried or the youngest child reaches 18. Last summer we applied to increase our mortgage and got declined, after looking at our credit searches it seems he is still named on the joint ex marital mortgage and this is why we are unable to get any further borrowing. As it stands the mortgage company have also advised if she fails to make any payments they can peruse him. We really can't afford to take her back to court but want to know how we can get this order enforced, also if it is t enforced would be then be entitled to 50% when the youngest child reaches 18 or not. Any advice would be greatly appreciated
Mark C
Posted: 13 February 2017 21:49:40(UTC)

Joined: 17/12/2016(UTC)
Posts: 11

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So does he still own the former marital home jointly with his ex-wife? You can find out from the Land Registers. >>>here<<<
Sally Long
Posted: 14 February 2017 07:10:05(UTC)

Joined: 12/02/2017(UTC)
Posts: 2

Yes he does
Mark C
Posted: 14 February 2017 09:45:50(UTC)

Joined: 17/12/2016(UTC)
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Especially in the current lending climate it's no surprise that you can't get additional lending. The situation is that the lender (on the ex-marital home) must consent to him being released from his mortgage obligations and a transfer of title to the ex-wife alone. That would only be done if she could show she can afford the mortgage - plus whatever amount (35% of the equity?) was needed to buy him out of his joint share.

Without understanding the details of the court order, it's difficult to comment. Most solicitors will do a 30 minute appointment for free to understand your difficulty and then give you an idea of what they can do (and can't do), plus a fees estimate. They'd want to see the court order. You really do need legal representation.
Mark C
Posted: 15 February 2017 21:26:00(UTC)

Joined: 17/12/2016(UTC)
Posts: 11

Was thanked: 4 time(s) in 2 post(s)
Ho hum. Good luck. I realise you may have been looking for a quick instant fix which works for you (like most others posting in this thread) but sadly, they don't exist. Sorry to disappoint.
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