Got joint mortgage and now separated

Discussion in 'Army Pay, Claims & JPA' started by supermatelot, Jun 14, 2008.

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  1. Apologies if this is in the wrong section.

    Basically, my mate flew out to Florida last week with his missus to get married. She binned him on the morning of the wedding. She has two kids which are not his and they live in a house which they both got a joint 50% mortgage for last year. I think the payments come out of her bank although he pays half. I dont actually know who paid what proportion of the deposit nor do I know the value but think its in the 130k region.
    She is still in Florida with her family etc for another week and he has just returned to England.

    Can anybody advise where he now stands with regards to the house? Obviously the advise bureau should be his first stop but has anyone here experienced this situation?
     
  2. brettarider

    brettarider On ROPs

    Pretty much in the same boat mate he will be entitled to 1/2 the house but as there's kids involved(although not his) more than likely that she would be granted to stay in the house until it was sold for the welfare of the kids. Is she in a position to buy his share of the house? If not get it on the market ASAP bearing in mind you'll now need a HIP etc and the markets a bit flat been trying to shift mines for a few months now....Your mate's had a lucky escape women...snakes with tits :x
     
  3. I dont think either could afford to take on the full mortgage. I suppose negative equity will now also be a factor?
    In short-is he gonna be in debt anyway no matter what the outcome? Can he be forced to move out or can he stay? He seems pretty intent on staying as he sees it as half his although I guess the atmosphere will be "interesting".
     
  4. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    watch out as the definition of 'joint mortage' can be different for different mortgages.

    They may have both signed it, but it may be that both of them are liable for the total cost...i.e. if one ran away and didn't return the remaining 'joint mortgage' holder would be liable for everything, not just the 'half'. Or do you mean they have a a mortgage each, for the value of half the house?

    You also need to check whose name is on the deeds for the house, as you may have a 'joint mortgage' but the house owned in one name, i.e. hers?

    There is no such thing as a 'common law' marriage so fundamentally the split of the property is defined by the legal owenrship, not the fact that they live together. He should ensure that he get a record of the money he has paid her each month to go towards the mortgage, otherwise she may stiff him and say although it was in joint names she paid for it all, so should have the house.

    Just a few thoughts to consider, it may not be as simple as it sounds. Not wishing to be negative about it, but better prepared for the worst.

    S_R

    p.s. i'm not a legal or financial person, just have had mates in a similar situation so did my research before buying the house with my wife.
     
  5. Sorry to say the only way to sort this out is through a solicitor.

    Get him to one PDQ!
     
  6. Cheers for the replies. Ive told him to get to the citizen advice asap. She has sent him a few texts apparently and I think she may be trying to give him the impression they could work things out. Maybe she has realised the gravity of the situation? I just hope he doesnt fall for any tricks.
     
  7. if he has joint ownership IE his name is on the mortguage tell him to make sure the payments are made every month if for any reason they are not hethey will be credit blacklisted if that happens it is highly unlikly that that he will be able to get a mortguage for at least 5 yrs and if he can before that time frame he will be paying well over the odds tell him to keeep a check every month also tell him to go to the bank now and and tell them whats happened i cannot stress strongly enough how inportant this is as it will effect him even when the seperation is sorted i will be honest i dont think a military forum is a good place to ask this question as agc/sps people are not very good with things like this they arnt allowed to give advice as there not trained its a shame the forces cant give proper advice as this would help retention the thing they will do though is shop you to the CSA a at the earliest oportunity :scratch: as the one team consept hasnt got through there thick skulls yet
    The Military Covenant is the mutual obligation between the Nation, the Army and each individual soldier; an unbreakable common bond of identity, loyalty and responsibility
    the above phrase doesnt seem to apply to them :idea:
    anyway hope your mate gets it sorted soon