Does a lead person on a mortgage have more say?

If there are 3 people involved in a mortage, and 1 wanted to sell but the other 2 didn't, and one of those that didn't is the lead person on the mortgage does that mean that person has the final say over what happens to the house if it went to court.

When we first got the house we had to go to court because the builders tried to re-sell the house because we refused to sign off on the snag list. We went to court and were offered to settle. I didn't want to I wanted to go into the court room and fight for our costs back, my ex wanted to settle, and it came down to it that the 3rd person as the lead on the mortgage made the final call.

Now my ex wants to buy me out of the house, which i refused to agree to, or said i had to buy him out, which i'm not in a position to do at the moment. He has said that our mortgage provider has told him that if his name is off that mortgage then he will get a mortgage of the same value by himself ( not sure i believe that though ) so he now wants to sell the house, money isn't much of an issue for him at the moment as he recieved a large amount of money from a claim, so it wont bother him that he'll price low to get the sale, and to make sure i get nothing from the sale of it.

Does it make a difference that i own 65% of the house. He owns 35% and so do i and also my mother's share of 30% she has left to me. She re-did her will the other week for it to include that her share goes to me, and also had papers drawn up to say that her share is mine and she has no claim over it if the house was to be sold and all proceeds will be given to me, ( ha althoguht at the moment thats about zero ) to make it legal even though that was always the case from the beginning, it was my money that was actually her share from the very beginning, but we needed her on the mortgage to get it in the first place. If we ever did sell then her share was always going to come to me anyway.

He knows that my mum has given me her share of the house, the orginal plan was to buy her out when we were able to, and the house would belong to us 50/50, i would of just put that money into a savings account so he would never find out about it. He does still think she put in her own money, he doesn't know the arrangement we had in place.

I understand his point of view that he's paying the full mortgage for a house that he only own 35% of, but he has the option of moving out and we can rent it, he refused to do that. The way i see it is he's paying his share of the mortgage and renting the rest of the house from me. I offered to stay in the house and pay the full mortage and for him to move out but he refused that as well. So i had no option but to move out and rent another house. He's refused every option apart from the one he wants. With the way houses prices at the moment his offer was good 15k, that was only for my 35% share, I know house prices have gone down and it's a great offer, but if this house gets sold i doubt i'll ever be in a position to buy a house again, which is why i want to keep it. I didn't buy the house to make money out of, it was our family home. I'm hoping in a few years i'll be able to buy him out of his share and get his name off the mortgage but he's not prepared to wait a few years for that to happen.

He's now saying he's going to take me to court to force me to sell the house, or sell him my share, if this goes ahead what chances does he have of a judge ordering me to do this?? My mum is backing what i want 100% and she is the lead on the mortgage.

SJ that's very long, in fact it's such a mess I wouldn't know where to start.

Let's forget about all that. Is there equity in the house, if not give it to your ex and be glad to get rid.

In reply to the question in the heading - no - all parties are jointly and severally liable - therefore equal in the lenders eyes - whether the law would take a different view based on circumstances is another matter...

Bronte said:

SJ that's very long, in fact it's such a mess I wouldn't know where to start.

Let's forget about all that. Is there equity in the house, if not give it to your ex and be glad to get rid.

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lol yeah i know it's long...sorry. I'm not really bothered if there is equity in the house or not, the whole point is i keep the house untill i can buy him and get his name off the mortgage, so giving it to him is the last thing that i want to do.

pjmn said:

In reply to the question in the heading - no - all parties are jointly and severally liable - therefore equal in the lenders eyes - whether the law would take a different view based on circumstances is another matter...

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Then why was my mother the deciding vote as the lead on the mortage, when we went to court before? Surely you can be the deciding vote on one issue and not another.

Not sure I follow your last question based on my previous answer...

"I'm not really bothered if there is equity in the house or not, the whole point is i keep the house untill i can buy him and get his name off the mortgage, so giving it to him is the last thing that i want to do."

"He's now saying he's going to take me to court to force me to sell the house, or sell him my share, if this goes ahead what chances does he have of a judge ordering me to do this??"


Every chance, I'd say.

Read your posts - they are about your position and what you want and what suits you. But you clearly say that you cannot afford to buy him out so you are asking him to stay in this position until it suits you. I think a Court will order the sale of the house which releases everybody from this very difficult situation. It may not suit you but the issue is at least finished.

mf

samanthajane said:

I'm not really bothered if there is equity in the house or not, the whole point is i keep the house untill i can buy him and get his name off the mortgage, so giving it to him is the last thing that i want to do.


.

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Now SJ you are in the wrong here. Let it go. Why oh why would you want to do anything else than to let it go.

I know that some people arnt bothered about if they own there own house or not, but it's something that i've always wanted to have. The day i turned 18 i looked into getting a mortage for myself, found out what i neeed to do and then 4 years later i was in a position to buy.

I didn't go travelling i didn't blow my money on getting drunk and going out, i saved and saved and saved untill i had enough money to buy. I worked 2 jobs for years to save up all the money that i had. I put all my saving into buying that house, and furnishing it, and it may not be my dream house but it was mine.

It honeslty wouldn't bother me if the house was worth only 50k the point is it was mine and I worked hard to get it, and now it's just been taken away from me.

My situation has changed, the country's situation has changed, i honestly dont think i will ever be able to buy another property for myself. If this house does get sold i will get nothing back from it to even start again. I had my mum a few years ago to help me out with getting the mortgage, her work situation has changed as well, my income has gone down. Even if we sold the house, we wouldn't be able to buy again.

samanthajane said:

it was mine

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it was never yours, it is the banks and after that you, your ex and your mother, not you on your own.

well that was a helpful point you made.

regardless that the mortgage wasn't fully paid off i would still class the house as being mine, as i'm sure a lot of people do. They still purchased the house, signed on the dotted line, lived in the house, decorated the house, and within reason were able to do what they wanted in the house.

When you refer to you house do you say "my house" or " the banks house"

The 3 of you purchased the house, not you on your own is the point i'm making. Your ex does have a say in it still, you can't ignore that or hope it goes away.

I'm fully aware that the 3 of us were involved. I'm not trying to ignore the situation or hope it goes away.

There are a few topic that are similar to mine in regards of break up and houses. We all have the same problem but as of yet no one has ever gone to court. I just wanted to see if someone has gone to court and what was the outcome.

I know it's not the best situation, and yes of course i'd prefer things to work out in my favour..who wouldn't. If it was that he had loan approval and had another house to buy and thats why he wanted off this mortgage i would understand that. But i know for 100% fact he is not in a position to buy another house, he wouldn't get another mortgage. ( my mum does the books for his business, he's not even paid himself properly for the last 6 months, he only been self employed for 6 months. what bank is going to give him a mortgage by himself, when he was working ful time 4-5 years ago on a much better wage and the housing market hadn't collapsed we still needed my mother to help us ) He's doing it because he knows it's important to me. He's know i have little or no chance of getting back on the property market again.

"He's doing it because he knows it's important to me. He's know i have little or no chance of getting back on the property market again."

You need to park this and move on. You are fighting a rear guard, indefensible, financial and legal battle from an entirely emotional aspect. You don't have any legal grounds to do anything here.

You asked what a Court would do and you now know. A Court would not entertain you on this highly emotional basis. A Court would say: sell and (under its breath) get over it.

Harsh - but you need to hear the truth.

mf

very interesting...looks like i dont have to give up after all. Just had a call back from citizens advice, because it was purchased as a family home it cant be sold untill the youngest child is 18, or older if she is full time education. The fact that i moved out of the house, doesn't go in my favour but i had my reasons for doing that, so they reckon i do have legal grounds for the house not to be sold.

Everybody that goes to court believes they have legal grounds....

... but at the end of the day both don't win their case.

Proceed with logic, not emotion....

best wishes.


pjmn

I know what your saying, but what do I have to lose by fighting for it? If the chances of me losing are high then fair enought but there even higher if i dont fight..there 100% that i'll lose. I'd prefer a small chance than none at all.

Sorry but this is going to be harsh and it's because you've been on here a long time and I think you can take it in the manner it is meant which is kindly.

You are not listening to any advice only the advice you want to hear.

You don't own anything, in fact you are probably in negative equity and would be lucky to get out of the house scot free.

Your ex's plans and reasonings are none of your business.

You would be better off without having the house linking you to your ex. Particularly as you are putting negative motives to his actions which may or may not be true but are irrelevant nevertheless.

Citizens' advice is rubbish, but you can quote them to a judge and see how far that goes. You have been given proper legal advice by MF1. Your ex can sell over you.

Your ex probably owes more than his original share as he is paying the mortgage. You are deluding yourself if you consider that he is somehow paying your share of the mortgage via rent.

You need to move on from your emotional attachment to a house. You are strong and young and can start again. Focus on the positives, for your own sake.

I wish you the best of luck in this SJ.