Me and mother bought our council house nearly 3 years ago, but due to a change in personal circumstances (which my mother doesn't agree with) I feel that I have no option but to leave the house, we are both named on the mortgage, but I cannot afford to pay both the mortgage and privately rent a house. My mother has said that if I don't pay the mortgage she has no intention of paying the mortgage. Have the right to stop paying the mortgage and leave it to her, I am quite happy to walk away from the house with nothing, even though it is valued at £75,000 we paid £51,000 from the council. Thanks
HiThanks for your question. The liability under mortgages is joint and several which means that the lender can sue either or both of you if there is any debt or the repayments are not met, regardless of any understanding you had with your mother about what payments would be made by whom. This means that it is crucial that the repayments are made otherwise the lender will take possession proceedings, your credit record would be affected and you would both find it difficult to raise credit in the future. So, yes you have the right to not pay the mortgage but so does your mother and if the repayments are not met then the lender will take enforcement action to repossess and sell at a discount.If your mother cannot demonstrate sufficient finances on her own to get a mortgage in her sole name then your only option will be to issue an application for an Order at County Court. Courts are not keen on persons effectively being forced to remain on legal titles to properties that they wish to sell and so they are rarely denied.A local property solicitor would be able to act on your behalf in preparing the application to Court but would initially start by sending a letter before action explaining the consequence if she does not attempt to remortgage in her sole name or consent to a sale.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
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