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    • Wheredoistart?
    • By Wheredoistart? 18th Oct 16, 7:56 PM
    • 5Posts
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    Wheredoistart?
    What to do about house ex won't remorage to take name off
    • #1
    • 18th Oct 16, 7:56 PM
    What to do about house ex won't remorage to take name off 18th Oct 16 at 7:56 PM
    I moved in with my ex and after 2 years we decided for me to go on the morgage with him his work wasn't looking good I'd spend £1000's doing up the house we thought it was only right plus he said if anything happened to him he wanted to no i would have somewhere to live still. So one year after being in the morgage he decides he doesn't live me and does not want to be with me! Yes thanks !!! I in the end moved out with my son as he and his grown adult son where making my life a miserary. The same day he dropped this bomb shell he was made redundant!! So when I left I said to get a job and get me off the morgage. This was now 8 months ago. He did get a job at one stage but gave it up as he didn't like it!! Now he is apprently working for himself! Which is more like cash in hand jobs. I have asked him about getting me off the morgage but messing me around still. I have advised him if he doesn't get a job and the morgage sorted asap I will have to take him to court to put the house up for sale!! As this is the only way to get off. With myself on this morgage I can not move on with my life. I also had a solicitors letter from him to sign the deeds over for the house over to him! But I'd still be on the morgage.? !! Where do I start??
    Last edited by Wheredoistart?; 18-10-2016 at 7:57 PM. Reason: Incorrect wording
Page 1
    • Wheredoistart?
    • By Wheredoistart? 18th Oct 16, 8:03 PM
    • 5 Posts
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    Wheredoistart?
    • #2
    • 18th Oct 16, 8:03 PM
    • #2
    • 18th Oct 16, 8:03 PM
    Just to point out we where not married and have no children together.
    • Pixie5740
    • By Pixie5740 18th Oct 16, 8:03 PM
    • 8,873 Posts
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    Pixie5740
    • #3
    • 18th Oct 16, 8:03 PM
    • #3
    • 18th Oct 16, 8:03 PM
    He can't just take your name of the mortgage, that's not how mortgages work. Your ex would need to apply for a mortgage in his own name or with A N Other to essentially buy you out. Now how do you expect him to be able to get a mortgage if he doesn't have a job? He can't.

    The mortgage lender would have to agree to you coming off the deeds not that I think you should come off the deeds whilst still named on the mortgage. Do you know if the mortgage payments are up to date since you are equally responsible for making the payments?

    Get your own legal advice and force the sale if necessary.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Pixie5740
    • By Pixie5740 18th Oct 16, 8:07 PM
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    Pixie5740
    • #4
    • 18th Oct 16, 8:07 PM
    • #4
    • 18th Oct 16, 8:07 PM
    There are mortgages available for self employed people with one year of accounts but I doubt your ex will be filing accounts, or at least accounts showing his complete earnings, if he's working cash in hand.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Wheredoistart?
    • By Wheredoistart? 18th Oct 16, 8:09 PM
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    Wheredoistart?
    • #5
    • 18th Oct 16, 8:09 PM
    • #5
    • 18th Oct 16, 8:09 PM
    This is my point I'm trying to make to him. He has to have a job and then apply for a morgage as I can't just come off the morgage. But it's almost like if he doesn't deal with it he thinks I'll just forget about it. The morgage payments are up to date as far as I no I have contacted the morgage company to explain the situation and they will write to me at my current address if payments aren't met.
    • Wheredoistart?
    • By Wheredoistart? 18th Oct 16, 8:11 PM
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    Wheredoistart?
    • #6
    • 18th Oct 16, 8:11 PM
    • #6
    • 18th Oct 16, 8:11 PM
    That's why I can't even private rent incase he doesn't pay the morgage and I will have to pay that Aswell as rent I just want to move on with my life.
    • Pixie5740
    • By Pixie5740 18th Oct 16, 8:22 PM
    • 8,873 Posts
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    Pixie5740
    • #7
    • 18th Oct 16, 8:22 PM
    • #7
    • 18th Oct 16, 8:22 PM
    Forcing your sale is going to be your only option then if he is unlikely to be able to get a mortgage any time soon.

    It's your house too so you could move back in. That might help convince him to sell or sort his act so he can get a mortgage.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • bobobski
    • By bobobski 18th Oct 16, 8:27 PM
    • 398 Posts
    • 1,024 Thanks
    bobobski
    • #8
    • 18th Oct 16, 8:27 PM
    • #8
    • 18th Oct 16, 8:27 PM
    MorTgage...
    #86: Save £12k in 2016: £7,792.18 / £10,000 (77.92%) | #[ ]: Save 12k in 2017: £0 / £12,000 (0%)
    House deposit by 31/12/2020: £10,763.60 / £60,000 (17.93%)
    Emergency fund by 31/12/2020: £294.91 / £5,000 (5.89%)
    • Wheredoistart?
    • By Wheredoistart? 18th Oct 16, 8:28 PM
    • 5 Posts
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    Wheredoistart?
    • #9
    • 18th Oct 16, 8:28 PM
    • #9
    • 18th Oct 16, 8:28 PM
    If his adult son wasn't living there I wouldn't of stayed until the situation was sorted. Looks like a force of sale it is thought so.
    • TBagpuss
    • By TBagpuss 18th Oct 16, 9:11 PM
    • 4,870 Posts
    • 6,384 Thanks
    TBagpuss
    Is the son working? It might be possible for them to apply for a joint mortgage in order to release you.

    However, I'd suggest that you speak to a solicitor - it may be that getting a formal letter rather than simply having you speak to him will focus his mind.

    You could also (depending on the value of the house, and the amount of equity) offer to sweeten the deal - e.g. offer to transfer the property to him for less than your share of the equity provided that the transfer is completed within a set timescale and at the same time make clear that if he doesn't cooperate you will be looking for more.
    • G_M
    • By G_M 18th Oct 16, 9:27 PM
    • 37,082 Posts
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    G_M
    The longer I spend on this forum the more convinced I become that it is totally mad for unmarried couples to jointly buy property.

    No moral reasoning - simply that the divorce process forces and facilitates the division of assets (including the property).

    Whereas 'separation' leads to, well, issues like this.
    • deannatrois
    • By deannatrois 19th Oct 16, 12:44 AM
    • 4,329 Posts
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    deannatrois
    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
    • By Riggyman 19th Oct 16, 12:55 AM
    • 97 Posts
    • 61 Thanks
    Riggyman
    Just buy the house in your name and make sure your live in partner has a rent book...
    • FBaby
    • By FBaby 19th Oct 16, 7:05 AM
    • 14,346 Posts
    • 36,518 Thanks
    FBaby
    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
    • By Farmer jones 14th Nov 16, 5:35 PM
    • 11 Posts
    • 8 Thanks
    Farmer jones
    What I did...
    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
    • By martindow 15th Nov 16, 9:30 AM
    • 6,638 Posts
    • 3,594 Thanks
    martindow
    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
    Originally posted by Farmer jones
    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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