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Solicitor Advice

andrpro Avatar
7y, 8m agoPosted 7 years, 8 months ago
Just wondering if anybody out there has been in the position im in now or cangive a bit of advice wether i have a case or not before I go to a solicitor.

Last year me and my girlfriend split, we both have our names on the mortgage and i live in the house, she was paying her part of the mortagage till Dec last year then i got a text message to say she is no longer paying her half.

have I the right to take her to a small claims court and get back what hse has not paid and then make sure she is paying each month, or can she just stop doing that and there is nothign i can do.

the banks dont care as long as they get their money, i'm now paying all the mortgage and it is tight.

thanks in advance
andrpro Avatar
7y, 8m agoPosted 7 years, 8 months ago
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(23) Jump to unreadPost a comment
Comments/page:
#1
Try your local citizens advice bureau?
#2
kick her ass out
#3
Do you have room for a lodger? The quicker you get her completely out of your life the better

me and my partner signed a pre-mortgage agreement incase anything like this happened
#4
if she is not living there then she is not legally obliged to pay. I've had the same problems with my ex and now we are going through solicitors to find a settlement amount to take her off the mortgage and transfer documents to me. Women can be vicious lol
#5
mhh1981
if she is not living there then she is not legally obliged to pay. I've had the same problems with my ex and now we are going through solicitors to find a settlement amount to take her off the mortgage and transfer documents to me. Women can be vicious lol


yep agree with that - i offered her a settlement of a one of payment and that would get her off the mortgage but she refused.

I have even offered to pay half of what she was paying but she refused - so now i want to get as much back as i can
#6
She is jointly liable, I was in a similar position a few years back, except I was the one who moved out but paid all of the mortgage. It took two years, 3 court appearances and 15K in legal bills to get shut and force the sale of the house.
Can you afford to buy her share out, maybe by taking in a lodger.

Book one of the free 30min appoints with a solicitor, and see what they say, but a warning it could be very stressful and expensive for you.
#7
Most solicitors will give you 30 minutes free advice. Try them and they will tell you what you can and should do.
Good Luck!!!
#8
debbsy
Most solicitors will give you 30 minutes free advice. Try them and they will tell you what you can and should do.
Good Luck!!!


i've called 5 solicitors now and none of them do the 30min session for free
#9
All I can say is Good Luck! I was in the following position:
Me & girlfriend bought house in 2001 - joint names, joint ownership. She only started paying 1/2 mortgage after she left in May 07 and only paid this for 3 months. House sold Jan 08. As joint owners 50/50 she is entitled to 50% of property regardless of how much she has ever contributed. In fact in my case, my ex demmanded a further 20K off me to cover "Furniture and accessories" that she claimed sh needed to furnish her own property. The entire contents belonged to me as she had never worked and had therefore never purchased anything and I had receipts to prove they were 'mine'! Whilst in Court she would not have been entitled to this money, she disputed the split of the sale proceeds with the conveyancing solicitor who was then not able to release the funds to either of us. She moved in with her mother so didn't care how long it took - I was renting and it was costing me £750 per month! Our family solicitors could do nothing apart from clock up the bills! If I'd have gone to court, it would have cost me about £5K in fees and I would have to prove each and every item right down to the cutlery! This would also have taken months as she could adjourn it if she wanted to! In the end I agreed to give her £10K out of court even though we all knew she wasn't entitled to it!
So - in my case we bought the house for £170K. We each put in £30K leaving us with a mortgage of £110K. I spent £50K of my own savings doing it up.I also spent around £39,000 on mortgage payments We sold it for £350K and she walked away with £130K cash - a PROFIT of £100K in 5 years. I walked away with £110K - but after the mortgage, deposit and repairs, my net figure was a £9K LOSS.

If you have decent equity in the property then keep paying the mortgage yourself. If there's very little equity in the property - auction it off and get rid of it quick regardless of what you get for it! Rent for a couple of years and start again. I now live in a caravan on a building plot I've bought. I can't afford to build the house and can't get a mortgage in the current climate but at least what I own is mine and no grabbing woman can take it off me again!! (Does that sound really bitter and twisted? I'm sorry if it does, but the Law is an absolute joke! I even contacted my MP, the First Minister of Wales and the Prime Minister - no one gives a toss!!)
#10
angleseylad
All I can say is Good Luck! I was in the following position:
Me & girlfriend bought house in 2001 - joint names, joint ownership. She only started paying 1/2 mortgage after she left in May 07 and only paid this for 3 months. House sold Jan 08. As joint owners 50/50 she is entitled to 50% of property regardless of how much she has ever contributed. In fact in my case, my ex demmanded a further 20K off me to cover "Furniture and accessories" that she claimed sh needed to furnish her own property. The entire contents belonged to me as she had never worked and had therefore never purchased anything and I had receipts to prove they were 'mine'! Whilst in Court she would not have been entitled to this money, she disputed the split of the sale proceeds with the conveyancing solicitor who was then not able to release the funds to either of us. She moved in with her mother so didn't care how long it took - I was renting and it was costing me £750 per month! Our family solicitors could do nothing apart from clock up the bills! If I'd have gone to court, it would have cost me about £5K in fees and I would have to prove each and every item right down to the cutlery! This would also have taken months as she could adjourn it if she wanted to! In the end I agreed to give her £10K out of court even though we all knew she wasn't entitled to it!
So - in my case we bought the house for £170K. We each put in £30K leaving us with a mortgage of £110K. I spent £50K of my own savings doing it up.I also spent around £39,000 on mortgage payments We sold it for £350K and she walked away with £130K cash - a PROFIT of £100K in 5 years. I walked away with £110K - but after the mortgage, deposit and repairs, my net figure was a £9K LOSS.

If you have decent equity in the property then keep paying the mortgage yourself. If there's very little equity in the property - auction it off and get rid of it quick regardless of what you get for it! Rent for a couple of years and start again. I now live in a caravan on a building plot I've bought. I can't afford to build the house and can't get a mortgage in the current climate but at least what I own is mine and no grabbing woman can take it off me again!! (Does that sound really bitter and twisted? I'm sorry if it does, but the Law is an absolute joke! I even contacted my MP, the First Minister of Wales and the Prime Minister - no one gives a toss!!)


its amazing how people can do this and get away with it, i have nerver even thought of doing this, when i split with my long term ex a few years ago i continued to pay the mortage till it was sold.

it's my responsibilty as well so i was expected to pay my share
#11
Even if you can't find a solicitor that will offer 30 mins free, you need to take legal advice. As both of your names are on the mortgage, you are both jointly liable. However, as you've found, this doesn't mean that each person has to only pay 50% of the mortgage payments. Make sure that you have proof that the mortgage payments you have been paying have come from entirely your own money and then you need to get advice about what would happen if she refuses to take her name off but continues to make no contributions.

Would she react to a little story, such as telling her you're struggling to meet the full payments and as she's refusing to do anything to help, then you're going to have no choice but to start leaving arrears on the mortgage account, which is going to put her credit rating down the toilet as much as yours (don't physically do this, obviously !!)

If she still doesn't care, then I'd suggest taking a trip down the CAB to get initial advice for free about what your options are, then once you know what you're doing, go to a solicitor and get the ball rolling and get rid of her for good !!
#12
always wanting to point a silver lining, she sounds like a nasty piece of work...... just be glad you dont have kids, when they start using them as bargining chips you know you're in trouble.
#13
Another tip get yourself a female solicitor who resembles a pitbull with PMT.

My first solicitor, in a big city firm charging £250p/h was useless he was so gentle, he wouldn't say boo to a goose. So I sacked him and hired a local female solicitor @ £175 p/h, and she was vicious, I am glad she was on my side!, she destroyed my ex in court with with such style it was worth the expense, to see my exs tissue of lies fall apart.
banned#14
mhh1981
if she is not living there then she is not legally obliged to pay. I've had the same problems with my ex and now we are going through solicitors to find a settlement amount to take her off the mortgage and transfer documents to me. Women can be vicious lol



she is jointly liable should the mortgage fall into arrears
banned#15
i would tell her you can't afford to pay the full amount and will have to default-and that you will just move out and let it be repossesed. I'm not suggesting you do it but she is playing dirty so play back? You ultimately need her off the house deeds or you need to sell? Maybe thats what she wants too so is giving you the kick-start to do it?
#16
silenceisgolden
i would tell her you can't afford to pay the full amount and will have to default-and that you will just move out and let it be repossesed. I'm not suggesting you do it but she is playing dirty so play back? You ultimately need her off the house deeds or you need to sell? Maybe thats what she wants too so is giving you the kick-start to do it?


tried that she just said go ahead and do it. i thought i could get some sort of CCJ against her so that this woudl stop her getting any credit in the future.

I think i will try and find a good solicitor see what they say
banned#17
is she agreeing to sell? and would you have equity?
#18
silenceisgolden
is she agreeing to sell? and would you have equity?


tried selling but had not intrest in house so took off market, i;ve told her to pay me 2k to get her off the mortgage but she still refuses
banned#19
andrpro
tried selling but had not intrest in house so took off market, i;ve told her to pay me 2k to get her off the mortgage but she still refuses


so have you asked what she does want? im guessing she doesnt want to pay you? is that cos the house is in neg equity?

sorry if i ask too many questions-i just think you would do better to sort this yourselves than consult a solicitor. Its ok to know your rights-but if you tell her you have been to one...maybe she will retaliate and before you know it you are at the point of no return. Maybe sit with an impartial party and discuss the problem-surely she wants this dealt with as much as you do? Good luck.
#20
Definitely consult a solicitor on this one, it might be that a strongly worded letter will give her a fright and she'll want to negotiate with you.
#21
Andrpro - when you take out a mortgage in joint names you are both jointly and severally liable for the full amount of any debt.

This means that if you have a joint loan with a spouse or partner and one of you fails to repay the debt then the lender could still ask you for payment of the full amount, not just half.

The lender cannot recover the money twice but can pursue both of you, or just one of you, for all amounts still outstanding until they have obtained full payment.

I would advise if she refuses to pay her share of the mortgage you continue to pay the full amount, providing you can afford to and keep a record of all payments made. This will be taken into account when dividing the equity when the house is sold - i.e. consideration will be given for the full mortgage payments you have made and will be deducted from any amount due to her.

I would also say you should notify the mortgage company and indicate you are in financial difficulties keeping up the full share of the mortgage and give them her name and address - they may or may not chase her as you well know as long as they get their money with the least effort then they are happy. They may though agree to reduce your payments in the circumstances.

Hope that helps
#22
fireheaven
Andrpro - when you take out a mortgage in joint names you are both jointly and severally liable for the full amount of any debt.

This means that if you have a joint loan with a spouse or partner and one of you fails to repay the debt then the lender could still ask you for payment of the full amount, not just half.

The lender cannot recover the money twice but can pursue both of you, or just one of you, for all amounts still outstanding until they have obtained full payment.

I would advise if she refuses to pay her share of the mortgage you continue to pay the full amount, providing you can afford to and keep a record of all payments made. This will be taken into account when dividing the equity when the house is sold - i.e. consideration will be given for the full mortgage payments you have made and will be deducted from any amount due to her.

I would also say you should notify the mortgage company and indicate you are in financial difficulties keeping up the full share of the mortgage and give them her name and address - they may or may not chase her as you well know as long as they get their money with the least effort then they are happy. They may though agree to reduce your payments in the circumstances.

Hope that helps


Sorry to disagree here but . . . experience tells me that in the case of an unmarried couple, regardless of who pays the mortgage, if any property is in joint names, then equity is divided 50/50. There's nothing stopping you claiming more, but there is no legal arguement or precedent to support this. In other words - it'll cost you shedloads and you won't necessarily win! Just find out what she wants, agree with her, and get it over with as soon as possible! It's a bitter pill to swallow but ultimately you need to draw the matter to a close. If you're still speaking, try and avoid solicitors - they are nothing more than expensive "Yes Men" who agree with everything you say as they are being paid for it! If you do have to use a solicitor, find one that specialises in Family Law - specifically unmarried couples. Don't be afraid to ask direct questions - they work for you remember! You may get legal aid which will be repaid from the sale proceeds - my ex did!!
#23
she should pay half - and if i was you i would bill her for the half of the installments she hasn't paid - but if you are living in the property and she isn't then you should pay her a form of rent - the best thing to do is cut your losses and sell the property

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