Shared Property Nightmare

[joannewatson]

I wonder if there are some legal people on here that could give me some advice and Im sorry its quite long winded.

My friend split up with her boyfriend nearly 2 years ago now. They have a shared mortgage on an apartment and they agreed he could stay there 3 months until he found somewhere to stay. They initially agreed to rent the property out as its in negative equity. However, he left the property almost immediately and took all the furniture. My friend tried all forms of communication to contact him but to no avail. She instructed a solicitor to get his agreement to let out the property but he ignored that also so she went ahead and rented it out. Anyway, he has missed the last 3 mortgage payments and he has not paid his half of the groundrent. Her solicitor has advised there is nothing she can do except take him to court which she said is not worth it due to the cost. She is at her wits end, surely there is something that can be done to force his hand.....sign it over maybe?

[boxtops]

Oh dear - I assume that they didn't do anything legal when they split up, like getting a legally witnessed separation order? That would have laid out whose responsibility it was to pay for what, who owned what, etc. He must be laughing, he's dropped her right in it - and we don't know the circumstances of their split.

She needs to listen to her solicitor - if it goes against him, she could apply for him to meet the costs of the case, I believe.

Has she told the building society what's happened, they need to know otherwise they'll come to her as joint mortgagee.

[boxtops]

... and how come she's waited 2 years anyway, to get their split legally formalised? That sounds very odd to me.

[EDDIE51]

sorry, but the solicitor is right, as it is a joint mortgage both parties are equally responsible for payments. Not sure about the legalities of letting it out with just one parties permission though, The one thing that comes to mind is that to rent it out the mortgage should be a 'buy to let' not just the ordinary one

[joannewatson]

Theres nothing odd about it (except her partner maybe!). She has tried everything to contact him including paying a solicitor and he just completely ignores any form of communication. So where does she go from here?

[joannewatson]

Yes, I know about the letting side of it Eddie but she felt she had no choice as she had to find the money to pay towards the mortgage somehow

[boxtops]

I know it's after the event, but they should have told the lenders when they split up, they'd need assurance that the mortgage was still going to be paid. She needs to tell them a.s.a.p. what's happening, IMO.

I still think the legal route is the only way to go - her solicitor needs to write formally to the ex.

[EDDIE51]

I would at least get a court judgement even though it will do no good at present. At least she will have done the right thing legally and have a judgement against him, if he is ever found it can be enforced.

[joannewatson]

I think she called her lender and informed them, but she's been paying the mortgage so there has been no reason for them to worry. She also instucted a solicitor boxtops to write to him.....which cost her loads but he just ignored it

[joannewatson]

What does that mean eddie?

[EDDIE51]

If he is found then there are ways to enforce the judgement. Attachment of earnings orders for example. Or if he is found to have property of anything of value bailiffs can be sent to seize it and sell it to pay his debts. But for any of this to happen you first need to have a judgement.

[joannewatson]

There is no debt though Eddie as my friend is paying his half of the mortgage. She just wants out of it, either transferring it to to him or him transferring it to her. Selling it is not that much of an option due to the negative equity. So really my question (or her question) is can his hand be forced to transfer the property to her?

[EDDIE51]

There is a debt, the arrangement was for him to pay 1/2 , so as he has not paid her he owes her 1/2 of 3 months payments and the ground rent. if he continues not to pay the debt will increase every month. It is your friend that has to get the judgement for the cash he owes her, not the mortgage company they are being paid. The boyfriend owes the debt to your friend and it is increasing every month.

[black_cat51]

Not if he won't respond, surely?
I don't really get why the absent one was still paying the mortgage till 3 months ago anyway - if your friend has got tenants in, isn't that covering the mortgage?

[tonywiltshire]

Presumably the boyfriend paid his share of the mortgage up to3 months ago and received his share of the rent to the same time. The mortgage provider will not care who pays the mortgage so long as it is paid and may well not agree to one name being removed from the document as it reduces their options. Your friend’s Solicitor knows the detail of the situation, which we do not, your friend should be guided by her Solicitor, but one option will be to stop paying the mortgage from which she will receive a poor credit rating as will the boyfriend and the mortgage provider will eventually gain possession of the flat and whilst under an obligation to obtain the maximum price this may not be sufficient to resolve the negative equity problem which they will try to recover. This is a quite a common problem and should provide a salutary lesson.
Suggest to your friend that she talks to her Solicitor and be guided by their advice.

[EDDIE51]

black cat, read my post from 21.14 !

[black_cat51]

i never considered the absent one would be getting 1/2 the rent tonywiltshire. I wonder if he'll get in touch if she stops paying it to him?

[johnny37]

Not sure what you are referring to Eddie but the lender can recover the debt from either party. same applies to the ground rent and utilities. I think Joanne would like him to be struck off the deeds and mortgage. This needs expert advice. More difficult if he is unwilling to communicate.

[Peter Pedant]

It is not a great problem.....

If she gets an order to sell the property - both have a whacking great loss.....

so keep the property and let it.... she is clearly the respondent for mail so knows the outgoings and can surely let the thing cover her costs (mortgage mainly) until things get better.

O if he has taken furniture - let it unfurnished - adv is that you are not responsible for the qualtiy of the white goods in the house

[Peter Pedant]

oops sent .... !

make sure you are keeping good records
and make sure the tax man is informed that the tax charge is split between the two of you. and then listen to him squawk when he is fined £250 for not informing them himself.

The big thing may be not letting the property but the thought of doing it on his behalf....

[Peter Pedant]

.

so it is not so much as a shared property nightmare
but a shared property income opportunity....