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Response to seperation only option repossion

from pendle (pendle_666@yahoo.co.uk)
When you bought the property with your girlfriend did you agree to each hold an equal share? If it was agreed beforehand that it was just you that would pay the mortgage, then there should have been some sort of agreement signed at the time of purchase which states that there are unequal shares in the property. If this wasn't done then it is assumed that each party is entitled to half.

It is my understanding that when a property is jointly owned each joint owner can insist on a sale. A court will always order a sale unless there is some agreement to the contrary. So if you want to stay in the house, then its vital that you come to some sort of agreement.

You could in theory, claim that the house is yours because you've paid the mortgage and the bills, however your ex could then agree that she didn't pay the bills, but did the housework as her contribution. This is just an example, but it shows what even if you can prove that you've paid for everything, its not as clear cut as that and you'd probably end up resorting to litigation for a result.

You said that "She keeps threatening me with breaking down the house door and clearing me out and by law she can do this." Excuse me but no, she cannot do this 'by law'. As joint owners you can both live in the home. If you are threatened in any way, or she tries to remove your things, then you can involve the police, but you will have to persist as they tend to treat these things as a 'domestic'. You could, if things got bad, go to court and get an injunction, but that really is a last resort.

It sounds as though you are in a position to live in the house and afford to run it on your own, so there is little point in letting it be repossessed and no point in selling it unless you really want to and your ex agrees.

Even if you did let the house get repossessed, it is more likely that you would get chased for the shortfall. It is pointless for a lender to actively pursue the party who is on benefits when the other has an income.

You asked about getting a mortgage abroad. You could get one, but it would be after living for some time in your chosen country and also when you've got a decent credit record, a job etc - just like here. You won't be blacklisted forever, but it is possible that you would be chased for up to 12 years for any shortfall, so its not an easy way out.

There is obviously a great deal of animosity between you and your ex. What I would suggest is that you go to a solictor conducts family mediations or if you've got a solicitor, ask them to refer you for mediation. By using mediation you can sort out the problems with the house as well as sorting out access to your child and the maintenance payments. It does cost money, but it does work for a lot of people.

(posted 7963 days ago)

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