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What to do about house ex won't remorage to take name off

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Comments

  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Name Dropper First Post First Anniversary
    Totally agree GM.., its all too easy to get into a very awkward position when you just live together. People did warn me when I did this.., and they were right unfortunately.
  • Riggyman
    Riggyman Posts: 185 Forumite
    Just buy the house in your name and make sure your live in partner has a rent book... :T
  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
    What was his response when you said that if he couldn't take your name off the mortgage, you would go to court to sell?

    I think you need to treat him like the kid is acting like. The status quo is not an option as all risk to you and nothing to gain. Him having a mortgage alone not an option either as clearly, if he could, he would have dealt with it by now. So it leaves selling and there are two ways about it, you do it amicably or you do it through the court which will cost both of you money, without taking into account what will go to solicitors.

    Write to him and make all this clear and a suggestion to 'act like adults'.
  • Farmer_jones
    Farmer_jones Posts: 27 Forumite
    First Anniversary Combo Breaker
    I hope this helps:

    I bought a house with my (now former) wife in 2005. We divorced & a few years later. The house was in joint names as was the Mortgage. She couldn't raise the money to buy me out or re-mortgage. She refused to sell. Issue being my name is on both the mortgage & deeds, and I wanted to protect myself (financially).

    Via a solicitor I obtained a Consent Order such that my former wife agreed not to re-mortgage or raise finances n the property, would agree to pay the mortgage payments and insure me against any financial loss. In return she gets the house.

    The building society have copies of the documents & they agreed to this. If my ex breaches the order, she is committing contempt of court & gets 6 months.

    This was the only way I could protect my self.

    If you want any specific details, PM me and I'll point you in the direction of the law used.

    HTH

    FJ
  • martindow
    martindow Posts: 10,218 Forumite
    Name Dropper First Post First Anniversary
    Farmer_jones wrote: »
    I hope this helps:

    I bought a house with my (now former) wife in 2005. We divorced & a few years later. The house was in joint names as was the Mortgage. She couldn't raise the money to buy me out or re-mortgage. She refused to sell. Issue being my name is on both the mortgage & deeds, and I wanted to protect myself (financially).

    Via a solicitor I obtained a Consent Order such that my former wife agreed not to re-mortgage or raise finances n the property, would agree to pay the mortgage payments and insure me against any financial loss. In return she gets the house.

    The building society have copies of the documents & they agreed to this. If my ex breaches the order, she is committing contempt of court & gets 6 months.

    This was the only way I could protect my self.

    If you want any specific details, PM me and I'll point you in the direction of the law used.

    HTH

    FJ
    How fully are you covered though? If she defaults on the payments the mortgage company can still chase you. You would then have to enforce the order. I imagine a judge could order the sale of the house - what would it serve to put her inside - are you sure of this aspect?

    If you wanted to apply for a mortgage you still have the problem of your name on an existing mortgage.
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