i bought a house with my ex-partner 2 years ago.

Now, as we broke up, she doesn't service the loan, do not allow me to rent it out, do not want to sell to others or even selling her half share to me.

And she avoided my call and msgs and the house is left empty for the last 2 years.

Besides declaring myself bankrupt, what other choice do i have to get rid of her name from the house?

The lawyer said nothing he can do about it, unless to bring this to court.

Any advice?

Bring it to court then

talk to her ...go lawyer will be pricy ...else u pay for the loan lol

thats the problem with a joint name property. one of my friend is also doing this right now with his girlfriend. they plan to get married next year or 2010.

Yes, your lawyer is right, nothing can be done.

That's why it is always advisable not to put joint name in property ownership. If one disagree to sell the property and reluctantly to sign on whatever reason, the other party simply can't do anything about it. In this kind of situation, the property is as good as a stone.

Even for husband and wife, it is advisable to put under wife name or husband name, don't put joint name. As if one passed away without will or any other reasons, the property need to go through a lot of documentation before it can be sold or transferred. I know people feel secure to put in joint name but there are a lot of troublesome consequences afterwards if something goes wrong afterwards be it divorced, death etc.

Actually if think ahead or properly, it is not as secure as people think to put joint name as well. Just like TS case, even you own half of the property, but the other party reluctant to compromise or agree on you to sign, then owning half of the properties is as same as owning nothing, because the properties is totally useless without the other half signature.

That's why it is advisable to put one name only. If it is husband and wife, then the others party can put a will to transfer the ownership afterwards, much better.

Summarise, if something goes wrong under joint name, it could be troublesome afterwards.

hehe follow the legal side bro

Yeah a lot of friends warned me bout this beforehand... but it's easier said than done... they themselves got tied up with their gf's names to their house as well...

i tried to be nice, wanted to pay her back her portion + interest.. and she just want to make my life difficult.. luckily her name is attached to the bank loan as well, or else i m dead..

this is so unfair... i am somehow forced to go bankrupt..

How close are you before the break up?
If you're close enough to know the family, than pls bring it up to the family.
Legally I wouldn't say it's impossible (though I'm not from legal background) but it would be hard and involve lots of money and time. Because you can actually file a civil case. But during the case proceedings and all, one would still need to service the loan. Thus I would say it's not worth it.

You have to warn her that if your name is bad because of this loan, hers also would be in the credit report i.e. CCRIS and CTOS since it's a joint loan.
All we can say here is good luck!

If you are forced to go bankrupt due to this loan, your ex also will get the same treatment. Does she not care about it at all? In fact, both of you will lose big time if the loan is not serviced. Let her know on this matter and resolve it.

Do whatever u need to do.
Get ur ex to sit down, listen to what u gotta say.
Analyse the whole scenario to her.
Anyhow, if she's still stubborn, tell her u will take the route below:

Stop servicing the loan. Let the bank auction off the property.
If you still want the property, get somebody u can trust like ur parents, to bid for it.

That's why it is advisable to put one name only.

For couple or husband and wife that want to buy house,

Buy the house, either put you name or your girl friend name only.

Your name, you service the loan, ok, break up, no afterwards problem.

Girl friend name, your girl friend service the loan, may be actually you are paying the money, break up, then your girl friend need to service the loan, not you.
Although previously loan paid by you down to the drain. But it is much much better the stuck in between with no solution while still need to service the loan just like TS case.

Is the house fully paid up?

The house loan under whose name you, her or both?

If it's her stop paying... sweet

If it's you stop paying... not so sweet but do it

You'd need to stop putting money into the house coz it's a drain on money and you don't get anything back

Once the bank gets involved, she has an ultimatum I go down you go down too women

This post has been edited by aaronpang: Oct 17 2008, 12:19 PM

talk to her is not an option for me.... cuz she dun pick up my phone, nor reply my smses and msges... even her family members rejected my call...

stop paying the loan is also not a good solution... i am 28 and go bankrupt like dat my future will gone...

yeah... women.... she knows i wont dare to stop servicing the loan... or rather she wanted to go down together wif me... wuu.. scary....

guys out there take my case as a lesson... dun trust gals!!

U are not bankrupt when the bank auction off the house. The bank would be merely exercising their rights under the Charge Document for recovering NPLs. In fact, if the final selling price is higher than what u owed the bank, u might get some money back (after deducting auction expenses).

U are only 'bankrupt' when u're seriously in debt, either u declare it urself (by application) or ur creditors sue u so that they can claim something back thru whatever assets u have.

Like what Aaron said, there's no point u continue paying in a condition like this. The more u pay, the deeper the hole.

This thread reminded me of:
http://forum.lowyat.net/topic/776792

So for those reading this, think twice, thrice, even hundred times before deciding whether to legally join ownership of a property with your partner (wife included) or not.

Sell the house would be the better solution even at a loss.

Still it requires her signature. Give her some money to sign on it, then settle the case rather than no solution.

Never ever purchase anything with joint name.

You don't actually have to talk to her let the bank do it...

Technically the house doesn't belong to either of you, it's owned by the bank. Let the bank repossess it, just like cars if you fail to pay the car loan the bank will reposes the car to recover the loan amount. Fortunately unlike cars houses don't depreciate

You're a bankrupt if you owe money and the bank has no means to recover the funds like credit cards for example or personal/business loans without collateral.

It's not about trusting girls don't do a joint anything with a guy either

i think its kinda hard to foresee this kind of event. those who worry about such event after marriage can draw up a prenuptial agreement to minimize or eliminate their concerns.

for TS case maybe can check with lawyers who r familiar with these kind of problems. the lawyer u enquired from may not be familiar with such case cos the least he could do is fill u in on other options instead of bringing u to a dead end.

This post has been edited by speed7791: Oct 18 2008, 01:07 PM

You talk to the bank, tell bank you willing to pay the installment if other people name is remove, if never pay more than six month bank can lelong the house and you can re buy under your name or someone you can trust more.

Thanks for all the advices..

yeah i've talk to a lawyer who is good in divorce case. He said i can actually send her a legal letter and let her choose to buy or to sell, since she wont buy it then she got no choice but to sell to me, and pay me back half of the monthly instalment i paid so far... anyway, i m talking to him again this tuesday..

I haven't try this way yet, but i am sure the bank wont care all they want is money, even if i purposely not paying them they'll still put my name into CTOS, CREAS and all the Cs they can think of.... and even they lelong the house and cant cover the loan, they would probably sue me to bankrupt...

This post has been edited by Star_Scream: Oct 19 2008, 01:03 AM