Mortgage Problem Living with sister.

[mulc]

I am currently living in a house we own with my sister. I am not happy with the situation and am looking to sell the property and move on with my life. Both of us are heavily in debt and can not afford to live in the house. My sister is refusing to sell the house. We bought the house in 2008 for €399000. We are looking at negative equity of €100k +. I want to sell the house and enter into talks with the bank about making payments of the balance. What are my rights in this. I have lost my job and can not afford to keep living in the house. We can not afford to pay the bills and our debt keeps racking up. If you have any advice I would appreciate it.

 

[Brendan Burgess]

I am currently living in a house we own with my sister

This is confusing. Who is "we". Are there two of you who own the house or more than two?

When you bought the house, did you do a joint ownership agreement on what to do if one of you wanted to sell?

You would need to go to the court to force a sale of the house. This will be very difficult.

You should approach the bank and tell them you are unable to pay the mortgage and you agree to it being repossessed. This will take some time, assuming your sister refuses to have it repossessed by consent. But this may force her to see sense.

After it is sold, you will be jointly and severally liable for the mortgage shortfall. In other words, if the shortfall is €100k and she does not pay her €50k, then you are legally obliged to pay it. Of course, it works the other way as well. If you are unemployed and can't pay, then she is liable for your share.

 

[mulc]

Sorry. The we i am referring to is my sister and I. Thanks you for your advice. We did sign a agreement be I an awaiting a copy from my solicitor. I do not think she will agree to the terms of this. I will make an appointment to go to the bank to discuss this. Thanks you for your advice.