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thomas s | Joint mortgage with ex girlfriend? |
i need some advice please.
me and my ex girlfriend has a joint mortgage for the past year and we have just split up, i whent to stay back at my mums & dads house so she is now in the flat on her own, she doesnt work and has never contributed to the mortgage in any way but is now refusing to move out and sighn the flat over to me, im still paying the mortgage and all the insurances on the flat as i have been told to do so by my solicitor and have cancelled all other direct debits, i.e sky t.v and her credit cards and that, i want her out and want to sell the flat i know she cant buy me out and i shouldnt have to buy her out, the flat wont make a profit if anything il be left to pay some debt, is there anyway to get her off the mortgage or how do i go about getting things moving, she thinks im gonna pay it forever while she lives it up with me still paying for things.
what can i do in this situation?
Thanks.
Additional Details
LOL, i got a joint mortgage with her cause i was with her for 4 years and loved her thats why i got a joint mortgage, i didnt expect us to break up or i would have got a mortgage at all. |
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beth x
 |
Your solicitor should be able to advise you further.
If you still have your keys you can wait till she is out and get the locks changed and they speak to your solicitor with regards to getting her removed from the deeds and the mortgage. |
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ascoile
 |
You are in a difficult situation, she is co-owner so doesn't have to move.
Stop paying the mortgage and it affects your credit rating.
Keep paying it and she benefits.
You can't sell without her agreement.
I would move back in and live a lifestyle that makes her want to leave. No actual harrassment, but her privacy and lifestyle could be restricted and she may realise it is better to move out. |
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leambi
 |
If you think that the flat is worth less and you would be left with debts then why not sign the flat over to her, it is then her responsibility and she will either have to pay up or sell, if she sells (for a loss) then the debts will be hers as well. |
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juology
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is her name on the deeds?
if not you could remortgage in your name.
if there is nothing else, I would sell but I think you would have to split proceeds with her, but you could contest the amount as she has not contributed - keep it going through your account and get proof.
Also get your name off the council tax, as she will have to pay up then, and get your name off all the bills.....of course there may be implications of this, ie you accepting her staying.
You could always move back in and make her life unbearable (I'd do that) - get your friends round, sleeping on the floor, never leaving, not washing up, being really dirty.
Or move a new girlfriend in (borrow one, or get a 'boyfriend') until she moves out.
take the strength from the fact she's happy to screw you and don't let it happen. |
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Andrew J
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it seems you've had all the good advise, a lot of it seems right, i agree that being on the mortgage does not necessary mean shes on the deeds, remortgage in your own name and pay off the joint mortgage, it worked for me.. and when your waiting for it all to come through sneak in and plant a dead fish under the floor boards by some heating pipes, she'll be gone by the time the mortgage comes through....trust me |
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D D
 |
i was in same situation I had moved out and my ex boyfriend had no intention of moving out
my solicitor told me not to pay any of the mortgage it worked and he soon put the house up for sale
when i came to get another mortgage I just told mortgage lenders that it was under the advise of a solicitor that I didn't pay and there was no problem in getting another mortgage |
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Mr Inglister
|
Was in a similar situation a while ago. The only way forward is a good solicitor, period.
Although things may have been bad between you, you shouldn't have left. But that's done now and if she isn't paying towards bills, mortgage, upkeep etc then your case is stronger. Keep proof of this and cut off and luxury's like TV, Credit cards, phone etc. Transfer all bills in her name as you have moved out, IE gas electric phone council tax. You are required to do this if you are not living there.
You must remember in this day it is hard to get credit and mortgage. If the property is in negative equity then you must stay put or find the money to pay back the loan, If its gone up in price then you might have to share the profit, less what she owes on missed payments etc.
My advice to you personally is to try and talk it out between you and come to a agreement. That is, its not worked out so lets part and get a solicitor to do the legal stuff.
Don't sell the property. Move back in once is agreed and shes out.
If its too pain full to be there then rent it out.
Don't be scared of this and in few years time you WILL be glad you did. Don't forget your credit history as if you don't pay for the mortgage or default, you will have an X.
Start with a solicitor.
Good Luck |
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Mrs HarleyBrat
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I agree with ascoile - but if you don't move back in - have all the utilities turned off - what will she do without lights, gas electric? LOL and never do this again you silly loves truck man :) |
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nosdda
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I believe you may be able to force a sale on the flat without her consent. Check this out with Citizens Advice bureau. Good luck. |
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Roxy
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Go and see a solicitor and get them to write to her on your behalf. Don't communicate with her directly. State what you want and give her time-scale to comply with your requests. If she refuses, state that you will take further action. Be guided by what your solicitor says and be restrained and dignified at all times. Seeing a solicitor may cost you a couple of hundred quid but will save you money in the end. Best of luck. |
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Catwhiskers
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I agree with ascoile. Move back in and make it so unbearable for her, that she leaves.
Alternatively, see your solicitor to force her to pay half the mortgage and hopefully she will agree to sell up. |
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bigfella
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Unfortunatly legally you both own the house and the mortgage jointly. If you stop paying then your credit will be effected as well. If there is one bill you don't want to not pay its the mortgage. I would suggest you contact either your solicitor again or the citizens advice bureau. Try speaking to her amicably failing that the only thing you can do is be difficult, like change the locks, take you mates around at 2 in the morning and use your imagination for some others, and hope eventually she gets fed up and agrees to sell up. |
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Know It All
 |
Why did you get a joint mortgage with her if she wasn't going to be paying anything towards it??? Thats the stupidest thing I've ever heard!! she must be well chuffed!!
You said you have a solicitor who adivsed you to continue paying the mortgage - why don't you just go back to them for more advice about getting her name taken off the mortgage - then you'll be free to sell. |
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Duffer
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Either party to a joint mortgage is able to sell the property without the other, but this is rare. See your solicitor - there is no easy or cheap way out. |
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time for a change
|
Speak again with your solicitor. You could get them to send her a letter telling her that if she wants to live there then she needs at least to pay rent at an amount that covers the mortgage, I dont know if it will affect her but check tenants rights. You shouldnt have to pay the mortgage if you are not living there!!
Good luck |
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Mum to Kayden,5. #2 due Sept 09!
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Looks like you have learn a life lesson there. Should have never put her name on it if she wasn't paying. |
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