Ex partner abandoned mortgage

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lostinemotion

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hi , myself and my ex partner (french) (not married ) bought a house in county Limerick in 2005 , we lived there for 10 years , i then realized he had met a woman on the internet in France and he decided to leave me and the house and move back there , at this stage he told me he wanted nothing more to do with the house and i could deal with it alone (verbal , not written) . Both of our names are on the deeds. I have been paying the mortgage on my own since and paying all the maintenance of the house. Recently i have received a court summons that i need to attend court as he wants to force a sale from France. Im just wondering as he abandoned and left for another woman, do i have any kind of chance of retaining my home? or will the judge force me to sell? Im dreading the latter as i also run my business from here (i work as a therapist/councellor , part time ) but have resigned to the fact that this may happen and as unfair as it is, cest la vie. if anyone has any insight, id be happy to listen.

Many thanks

Aine
 
You need a solicitor.

Even if he had been paying the mortgage in full, I doubt he could force a sale.

You may be able to have his name removed from the title deeds.

Legally the fact that "he left for another woman" is irrelevant. That he left, that you have been paying he mortgage, that it is your home, that you run your business from there are all relevant. Are there children living with you.
 
cremeegg said:
You need a solicitor.

Even if he had been paying the mortgage in full, I doubt he could force a sale.

You may be able to have his name removed from the title deeds.

Legally the fact that "he left for another woman" is irrelevant. That he left, that you have been paying he mortgage, that it is your home, that you run your business from there are all relevant. Are there children living with you.
Click to expand...
hi cremeegg thanks for the reply , no there are no kids , just 3 cats , 2 dogs and a badger !
 
Absolutely talk to your solicitor.

It will be very difficult and expensive for him to force a sale. It will also be expensive for you to avoid it.

And stop talking about the other woman. He left the house and stopped paying the mortgage. That is all that is relevant.

He stopped paying in 2015. Was there much equity in the house at that stage?

What was its value and how much was left on the mortgage?

What is it worth now and how much is left on the mortgage now?

Can you raise the funds to buy out his share of the equity?



Brendan
 
Brendan Burgess said:
Absolutely talk to your solicitor.

It will be very difficult and expensive for him to force a sale. It will also be expensive for you to avoid it.

And stop talking about the other woman. He left the house and stopped paying the mortgage. That is all that is relevant.

He stopped paying in 2015. Was there much equity in the house at that stage?

What was its value and how much was left on the mortgage?

What is it worth now and how much is left on the mortgage now?

Can you raise the funds to buy out his share of the equity?



Brendan
Click to expand...

Hi Brendan -

I have been assigned a legal aid solicitor who seems to be extremely pessimistic about my chances of retaining the property.

Was there much equity in the house at that stage?

€41,000

What was its value and how much was left on the mortgage?

€210,000 valuation 2015 (purchase price was 340,000 in 2005 inc stamp duty) , €180,000 left on the mortgage

What is it worth now and how much is left on the mortgage now?

Current value €300,000 , €169,000 left on mortgage , i have been paying mostly interest only over the last while

Can you raise the funds to buy out his share of the equity?

At this stage no , however I did make an offer of €24,000 to buy him out which is all the money I have right now
 
Legal Aid solicitors, like all solicitors, can vary in quality, but Legal Aid Board spends pretty much all its time on Family Law, which is mostly not reported, so they would likely be most aware of what sort of results to expect in Family cases.
 
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