Mortgage Issues.

madbuzz

I need some advice please.
My girlfriend has a mortgage with her ex, common law partner.
They don't get along very well. He won't move out of, sell, take over the full payment of, or agree to rent the property. She pays half the mortgage but rarely ever goes there, he has the place to himself, he even has the audacity to demand splitting the ESB bill with her. My girlfriend feels trapped and has recently had a paycut and her working hours reduced, we are trying to find an apartment to rent, but it looks like we can't afford it, she is living out of the boot of her car and staying with me, I rent a single room in a shared house. Her ex is belligerent, bitter and unwilling to compromise, he has stated in the past that he wants to see her suffer. I don't know what to do. Any advice would be greatly appreciated. Thanks.

spockety

Talk to a solicitor, not random people on an internet forum who while well meaning will probably not be of much help.

madbuzz

spockety wrote: »

Talk to a solicitor, not random people on an internet forum who while well meaning will probably not be of much help.

Thanks for the response spockety. I'm looking to see if maybe anybody out there has had a similar experience. My GF has spoken to a couple of solicitors and received negative feedback as in 'we don't deal with this kind of problem'.

Merch

madbuzz wrote: »

I need some advice please.
My girlfriend has a mortgage with her ex, common law partner.
They don't get along very well. He won't move out of, sell, take over the full payment of, or agree to rent the property. She pays half the mortgage but rarely ever goes there, he has the place to himself, he even has the audacity to demand splitting the ESB bill with her. My girlfriend feels trapped and has recently had a paycut and her working hours reduced, we are trying to find an apartment to rent, but it looks like we can't afford it, she is living out of the boot of her car and staying with me, I rent a single room in a shared house. Her ex is belligerent, bitter and unwilling to compromise, he has stated in the past that he wants to see her suffer. I don't know what to do. Any advice would be greatly appreciated. Thanks.

Sounds like a tough situation to be in but, she did take out a mortgage, even if it is jointly, I cant see why he might be expected to move out of the place if he lives there though? neither can I see why he would sell (ie make the decision to sell) or even try buy out her share?? as its very likely in negative equity, that isn't likely to put him in any better a situation even if the bank allowed it. (ie her off the hook).
it sounds like they need to go to some kind of mediator to determine what is an equitable way to share the property, if they are no longer together then they must, and she has a right to use her share fairly.

I think a mediator might be a better route than going to a solicitor

Lantus

common law partner implies not married.

If the property is 2+bedrooms then she is entitled to live there. Maybe living close to this 'person' and having you over to visit will encourage him to re'think his position. Theres nothing worse than the sound of your ex being pleasured to make you want to leave. Being curtious and polite always helps.

But it's a really sticky position. Basically you have a joint mortgage and falling out wont change that.

http://www.boards.ie/vbulletin/showthread.php?t=2055335056

Check the terms of the agreement you signed at purchase. In some cases for unmarried couples there is a partnership agreement stating that if for some reason the partnership should fail that you may have to sell the house to recoup whatever value you can on it. If your mortgage was sold as a joint mortgage product and that would be the reason for the partnership agreement.

Before you approach a bank confirm the terms of any agreement such as this that was signed initially as it could impact how you proceed with this if you do indeed decide to proceed down this road. If you speak to the solicitor who orginally did the conveyancy for you they should be able to show you any agreements that were signed as part of the purchase and advise you of your legal obligations in this regards.

Best of luck.

madbuzz

Merch and Lantus, thanks for your comments.