Joint Mortgage problems

I hope someone can help and any will be greatly recieved.

My current position is my ex partner is trying to remove me of the mortgage but it is proving not as easy as she first thought.

She has refused to sell the house, or sort out any of the other belongings that could be deemed as joint.

we had an agreement to share the bills etc. But since the split i am paying for all bills and half mortgage half life assurance. She is paying half mortgage council tax and half life assurance. Leaving me paying atleast 240 pounds more a month. She has point blank refused to split the house costs and demands i pay all bills half mortgage and half life assurance.

She is currently selling joint items from the house to pay some off the mortgage

she is verbally abusive towards me when ever she talks to me, and recently phisically hit me and threatened to kill me as well as have me beaten up and thrown out of the house. with all this i have no reason not to take her threats as any type of idle threat.

Will the current issues i find myself under i feel and I am willing to walk away with almost nothing just my name off the mortgage but i can't wait any longer as i don't feel safe in the same house as her.

I am looking to move out and cancell all the bills i pay for the house so they can be put in her name but i don't want to pay the money she demands for the mortgage. I understand that the debt is joint and joint responsibility but also that as long as the monthly payments are met the mortgage lenders doesn't care who pays.

she will not default on the mortgage or fail to pay bills.

what is my best course of action as regards to the mortgage payments?

any help recieved with thanks

 

Before replying I take it

Before replying I take it that you are not married to your partner but perhaps you could confirm this.

Are you still living in the house and is it in joint names?

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

I am still living in the

I am still living in the house (just) we are not married and the house is in joint names.

 

Profile: currently going through rough deal with ex partner

While you remain in the house

While you remain in the house it is clear to me that everything should be split equally since both of you has the benefit.

I presume that your partner is not paying her share of the bills because the accounts are in your name. If she does not agree to pay her share the is little you can do in the short term to get money out of her. If you do not pay those bills then eventually the suppliers will cut you off . This may concentrate her mind.

Should you leave the property the the accounts could be transferred into her name since she will be using the supply.You would of course remain liable to your lender and if the mortgage was not paid that lender will seek possession in order to sell so that the security can be realised.This would not be a good development.Your credit rating would be affected and you probably would not achieve the best sale price. In addition you might still end up with a debt if there is negative equity.Nevertheless if she is living in the house alone then she should bear the full motgage cost even if you have not reached an agreement.

Reading you post I am presuming that you simply wish to transfer your share to your partner so that you can be released from any further obligation under the mortgage.

This will require an application to the lender which will only be considered if she has the means on her own to make the payments. If she is unwilling to make such an application or if she does not have sufficient income you can apply to the court under the Trusts of Land and Appointment of Trustees Act 1996 (tolata) for an order for sale.

The court has very wide powers in these circumstances to settle disputes between co-owners.

Obviously this will be a very expensive process and I cannot emphasise enough the need to try and talk to you partner to see if a sensible agreement can be reached. You should stress to her that adult people should be able to talk through their difficulties with a view to resolution because the consequences of failure will be extremely costly for both of you.

icox@s-law.co.uk

 

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

Many thanks for the reply it

Many thanks for the reply it has given me some food for thought.

Having tried on a number of times to have adult conversation with her this is proving to be on a par with listening to words on a silent movie.

I think I am left with no option other than to move out. I will let her keep the house and contents as long i don't get chased by the mortgage company.

Do you think it would be worth to have a legal document drafted to outline that she will pay for the house as long as i have no claim to it once my name is ready to be removed from mortgage,deeds and land?

Many thanks

 

Profile: currently going through rough deal with ex partner

It is always best to record

It is always best to record an agreement in writing. However I rather assumed your partner would not come to any agreement.

You will never be able to release yourself from your obligation to the lender unless that lender agrees. Please bear this in mind and note what I said in my previous post.

If there is equity in the property you should think carefully before you agree to your partner having your share - after all you are a joint owner and no doubt will have contributed to the creation of that equity.

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

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