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tortoise
09-02-09, 03:40 PM
My brother met a woman 12 years older then him who I will call A. They met in November of 2007 and bought a house together in August 2008.

A turned out to be a complete psycho bunny and they have now split up. She accused him of flirting at a party with a 13 year old!! The following day she got him up against the wall and punched him. He called the police and 2 days later she was cautioned at her Mother's house, but not arrested. They tried to make a go of it with her getting counselling and anger management, but by last Tues my bruv had had enough. He went upstairs to the bedroom to get undressed and she stood in front of him. He asked her to move and she threw herself onto the floor. Then she called the police who arrested my brother. He spent the night in the cells and was released the following evening with no charges and no cautions. The CPS said there was no case to answer.

He came to stay with us for two nights and he decieded that he was finished with her. She went to stay at her Mothers. Since then she is refusing to pay her half of the mortgage and has told my brother that she is going to pay off the mortgage in full and make him sign the deeds over to her. He is refusing to sign anything.
He has taken advice from a solicitor who advised him to try and buy her out as in this present climate it would be near impossible to get a sale.

She will not communicate with my brother and sent him and me a text threatening us with the police if we contacted her. We told the police this and they logged it.

This morning she rang my brother and he said that it sounded like she had someone prompting her. She was saying things like "Why did you feel the need to hit me?" He just replied "I didn't hit you". We have told him that if she rings again he is to say "I will only discuss the house with you and nothing else"
We think she is trying to get him to get angry so she has evidence against him. His solicitor mentioned an Occupational Order where the court can have one member of the household removed by force if the other feels under threat.

She paid a £47,000 deposit, but didn't put a trust together to stipulate she wanted that money back on the sale of the house, so she is buggered there!!

What I need really is any advice. My poor brother is paying the mortgage, insurance, bills etc. He has rung the council this morning and had her removed from the council tax bill.

He doesn't want to default, but if she won't pay her half he is going to go under quickly. He has had to organise an overdraft today. He is 21 and I am really worried about it.
Thank God they cancelled the wedding and didn't have children!

Annabel
09-02-09, 03:51 PM
The first and obvious thing to do is tell the Lender what has happened. Both of them are jointly and severally liable for all the mortgage payment so she cannot just think she can walk away from this and lumber him with all the debt. if he doesnt pay up all the mortgage payment, however, the lender can take possession of the property and as you know the housing market is so dire at the moment it may not sell or sell for a fraction of what they bouight it for. so she could stand to lose an awful lot of money if she doesnt pull herself together.

He needs legal advice to see if there is anything he can do to force her to pay the mortgage, however, i can see that it might end up in court if she wont see sense.

sorry not be be able to be more positive.

tortoise
14-02-09, 11:12 PM
Thanks Annabel. She really is a pain in the bum!!

My brother is going to see a solicitor again next week. In the meantime she has moved out and is living with her Mother.
She wants him to sign the deeds over to her, but he won't unless she shows him her mortgage offer, which she won't!!
We are going round and round in circles!!

Annabel
15-02-09, 05:11 PM
if he has not put any money into the property other than his share of the mortgage payments he should maybe consider signing the place over to her. that way he would no longer be responsible for anything.

has she gone to the existing lender and asked them if she can take the mortgage over in her sole name? that would be the first thing to do, and they may not let her if she doesnt have enough income to support the mortgage in her own right.