Question:
URGENT ADVICE NEEDED, New mortgage and relationship breakdown?
2007-02-17 17:16:06 UTC
A close friend of mine has just found out his girlfriend has been cheating on him for the last few months. They have only been in their new home a few weeks, they also have a child together.

Advice needed for UK please.

What can he do about the mortgage? Its joint and he cannot afford it on his own. As far as I know, they have signed for 2 years. Will they be penalised for selling up only a month into it?

Any other useful advice or links much appriciated!
Thanks.
Eight answers:
just trying to make a difference
2007-02-18 02:31:39 UTC
your friend should contact citizen's advice bureau for some free advice, see this link to find nearest http://www.adviceguide.org.uk/n6w/index they will explain all his options and legal rights so he can make a choice.

it might also be an idea to see a local solicitor, they often offer free initial meetings, and he can get some free advice, to find one who deals with this matter see the community legal services' website http://www.clsdirect.org.uk/index.jsp

mediation may also be an option - there is nothing to say that this is the end of the road for the couple, perhaps they can get through this with some support!?

if it is over and she leaves the property he could consider taking in a lodger to cover the mortgage payments to avoid the penalties of selling.

i'm sure there are many options, but he needs to seek professional advice asap before making any rash decisions.
MARYJANE
2007-02-17 17:29:37 UTC
probably will be penalised or even not allowed to sell. If enough room, maybe switch bedrooms and suck it up for a bit whilst try to figure out.

Let her keep the house, she buy him out of anything he has contributed and he move on, rent blah, nearby to see the kid etc, unless it's him who is the primary carer for child then she move out and he take in a lodger/extend mortgage repayment time/ask folks for help?

He could always try to figure out why she did it and maybe try to forgive her and try to patch things up, very hard to do but it could buy him some time and keep the relationship friendly (for the kid mainly). Oh and if it gets at all sticky, get a solicitor.
2007-02-25 14:43:03 UTC
Not what your friend wants to hear, but he shouldn't do anything. Stay with the mortgage, stay with the child, just wait a bit. No need to stay faithful to the woman, but stay faithful to the child, and stay in the house for a couple of years. Break ups are expensive and they keep you poor. He should bide his time and not be forced out of his house and away from his child because of her bad behaviour. Relinquishing a mortgage at this stage has penalties and he should go when it suits HIM not her.
Emily
2007-02-17 17:28:37 UTC
Citizens Advice Bureau may be a good place to start.

Also Google 'mortgage law' then narrow the search down to better key words.



Their lawyer can ask for sight of the policy and go through the small print if they haven't got a copy of it.
2007-02-25 16:00:30 UTC
Sell the house!
rose_merrick
2007-02-17 17:22:28 UTC
they need to go to the bank and discuss their individual circumstances, which means they'll have to be brave big and mature while this is all being settled, put their differences aside and be nice to each other, especially as they have a child
slipstream
2007-02-17 18:23:09 UTC
personal feeling,s aside [I know....easier said than done] it seem,s they entered a legal agreement together....& are both responsible for their end of the agreement......if they can see past their personal problem,s [at least for the child,s sake] & share the home ....on a platonic level....untill the end of the contract.......they can escape penality fine,s....& legal problem,s.
loveistheanswer
2007-02-17 18:27:41 UTC
They should sell it. There is not penalty.


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