Thank you. The legal situation is that he does
not have to pay the mortgage or the bills of a house that he does not live in
although he remains liable to the lender if you do not pay.
He is not correct in what he says that a
solicitor will not let him sign an agreement which is not in his best interest
is using that as an excuse not to sign one in my opinion.
Many people take out, for example, loans and
mortgages which are not in their best interest and the lender will insist that
they take advice from a solicitor, and the solicitor will give the advice which
is not to enter into the agreement of the borrower will still do it anyway.
To be honest, properly drafted agreement is of no
more legal effect and a simple letter which confirms from him that he will pay
the mortgage etc every month.
The fact remains that whether you have a deed or
an agreement drafted by a solicitor or a top London barrister or a simple
letter in which he writes, in his own writing (extremely powerful if it is in
his own writing) that he will pay the mortgage on time every month and he doesn't,
you are faced with suing him in court. By the time to court the house would
have been repossessed.
I would ask in therefore to do a letter in his
own writing asking him to confirm to you that you can stay in the house as long
as you wish and as long as you want to stay there, he will continue to pay the
You might want him to add in at the end, that he
will not seek any further equity from the house when it is eventually sold as a
result of these payments.
If you want to get an agreement drafted, a
solicitor will probably do it for two or £300 and then you can stick it in
front of him to sign but you are going to have to do insist that he takes legal
advice on it and that the solicitor witnesses his signature and confirms that
he has indeed given legal advice on it. You will be responsible for that legal
advice which will be another couple of hundred pounds so the exercise is likely
to cost you about 500 quid.
I would just settle for a handwritten letter for
him at present unless you particularly want something drafted in legal terms.
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