ourlasses mate leanne has a mortgage on a flat with her ex (not married), they have split up a while back (last may i believe) and they rented the flat out to pay the bills, he moved out and she moved out, leanne has since moved back in for a few months as the tenant moved out, the ex hasnt payed any bills and hasnt payed the mortgage since the split, he has told her he wont sell it and wants her to pay half the mortgage and he move into it, he has also get a lot of debt in his name at that address since moving out

 

now where would leanne stand on ownership of the house, she just wants to sell and go halfs on any debt on the mortgage that is left after the sale but he says she cant do that as he wont allow it, before she goes to a costly solicitor does anyone have any advice for her as it is really getting her down and she has about £130 left out of her monthly wage and its really skinting her

It's crap when splits go this way mate. My advise is bite the bullet and go to a solicitor. It maybe costly but it sounds like he won't play ball any other way.

 

The main things to consider are:

 

They are both individually responsible for the mortgage payments on the house, the lender can pursue either one of them for the full amount. (he prob thinks he is only responsible for half....wrong) she could use this fact to shake him up

 

If he is running up debts, she needs to first ensure they are not secured on the house. if they are, and they were without her knowledge, then he is committing fraud.

 

More likely they are unsecured, however if he don't pay them, then the lender can place a charging order on the property.

 

in the short term I would recommend she contacts the mortgage provider and explain the situation. Also I would say convert the mortgage to interest only to ease the monthly cost.

 

he is entitled to half the equity if it sells. If she is repaying the mortgage each month, then she is in fact giving him money. Converting it to IO will freeze the equity at it's current level

 

Hope this helps mate.

 

But seriously..............Legal advice is the way forward

cheers mate, will let her know