Buy to let  joint owners and partner split up?

by Readers Question

10:42 AM, 12th September 2016
About 2 years ago

Buy to let joint owners and partner split up?

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Buy to let  joint owners and partner split up?

My partner and I have split up and she has moved into our jointly owned property which is on a buy to let mortgage. The property was previously rented out and she is now depriving me of an income. split

I have warned her that she has to tell the lender that it is no longer rented out and she is living there.

She has asked me to sign over the property so she can get another mortgage. She doesn’t want to have another mortgage with me. I am 63 and she won’t get a long term on a repayment mortgage with me onboard. There is only 5 years left on the current mortgage.

Do you think I should inform the lender?

Graeme



Comments

Neil Patterson

10:43 AM, 12th September 2016
About 2 years ago

Hi Graeme,

All I can really say is that technically you have an obligation to tell the lender.

How they will react as long as the mortgage is being paid I couldn't tell you.

Ian Narbeth

12:33 PM, 12th September 2016
About 2 years ago

You should also tell your insurers.

Charles King - Barrister-At-Law

12:42 PM, 12th September 2016
About 2 years ago

You should tell your lawyers!! You have some equity presumably, and are entitled to an occupation rent from her while she is a sole occupier of your jointly owned property. She should be buying you out, or you should be evicting her and selling or letting the place to a proper tenant. Maybe the lenders will assist you and pay for the possession proceedings, and will agree to deduct the cost of those proceedings from you ex-partner's 'share' of the proceeds of sale. There is a lot to consider here Graeme, there is no short answer, but you might put yourself in an extremely disadvantageous position without taking some advice. Best of luck!

A NON

21:42 PM, 17th September 2016
About 2 years ago

Reply to the comment left by "Charles King - Barrister-At-Law" at "12/09/2016 - 12:42":

Yep good answer. My jointly owned BTL property was rented to family by my ex, then they were kicked out, ex stole belongings trashed them, and ex moved in with partner. Mortgage company says no family at all or they will litigate. But they did nothing as long as they were paid. And I did not receive any rent either. However Judge very on the boil as to legalities. Demanded that ex move out and rent to proper tenant. Ex didn't take any notice of judge, nor did his solicitor who knew the whole process was not right..but apparently did not think to inform the court.... oh dear oh dear I see trouble brewing


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