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    • Mancgirl
    • By Mancgirl 7th Jul 17, 2:06 PM
    • 9Posts
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    Mancgirl
    Removing Ex from mortgage
    • #1
    • 7th Jul 17, 2:06 PM
    Removing Ex from mortgage 7th Jul 17 at 2:06 PM
    Hi.
    I have a joint mortgage with an ex from years ago. I had him removed from the deeds so it is just my name on the deeds. However, he is still on the mortgage. I am unable to remove him as I cannot afford the mortgage on my own and myself and my new partner have poor credit so doubt we would pass the credit check to put my new partner on it.
    I am under pressure from my ex now to 'sort it'! What are my legal rights and can he do anything legally if his name is not on the deeds.
    any advice would be great. I should mention that I live in the house we have a mortgage for and have never missed any payments etc
    Thanks
Page 1
    • Guest101
    • By Guest101 7th Jul 17, 2:12 PM
    • 15,118 Posts
    • 14,764 Thanks
    Guest101
    • #2
    • 7th Jul 17, 2:12 PM
    • #2
    • 7th Jul 17, 2:12 PM
    How did you have him removed?


    So you're using his credit to keep your own home?


    Depends how you removed them, but yes he can in theory force a sale.
    • mrginge
    • By mrginge 7th Jul 17, 3:27 PM
    • 4,269 Posts
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    mrginge
    • #3
    • 7th Jul 17, 3:27 PM
    • #3
    • 7th Jul 17, 3:27 PM
    How did you have him removed?


    So you're using his credit to keep your own home?


    Depends how you removed them, but yes he can in theory force a sale.
    Originally posted by Guest101
    Under what logic can he force a sale of an asset that he has no interest in?
    • Guest101
    • By Guest101 7th Jul 17, 3:41 PM
    • 15,118 Posts
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    Guest101
    • #4
    • 7th Jul 17, 3:41 PM
    • #4
    • 7th Jul 17, 3:41 PM
    Under what logic can he force a sale of an asset that he has no interest in?
    Originally posted by mrginge


    Well if you will cherry pick. At the minute the OP claims she removed him from the deeds.


    Was this via the courts, or mutual consent or? Which is why I said Depends how you removed them - Though I will say I meant to type him not them*
    • G_M
    • By G_M 7th Jul 17, 4:21 PM
    • 41,978 Posts
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    G_M
    • #5
    • 7th Jul 17, 4:21 PM
    • #5
    • 7th Jul 17, 4:21 PM
    Hi.
    I have a joint mortgage with an ex from years ago. I had him removed from the deeds so it is just my name on the deeds. However, he is still on the mortgage. I am unable to remove him as I cannot afford the mortgage on my own and myself and my new partner have poor credit so doubt we would pass the credit check to put my new partner on it.
    I am under pressure from my ex now to 'sort it'! What are my legal rights and can he do anything legally if his name is not on the deeds.
    any advice would be great. I should mention that I live in the house we have a mortgage for and have never missed any payments etc
    Thanks
    Originally posted by Mancgirl
    So is he also paying towards this mortgage? Seems extremely generous of him if
    a) he's been removed from the deeds and
    b) you have a new partner

    My advice to HIM if he posted would be to stop paying the mortgage and let the lender evict you for mortgage arrears, so as to get his own finances cleared up.

    Or is the matter more complicated? Are there joint children? Were you married? Other joint financial matters?

    I too am surprised the mortgage lender permitted his name to be removed from the Title and wonder how this happened........
    • FBaby
    • By FBaby 7th Jul 17, 4:21 PM
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    FBaby
    • #6
    • 7th Jul 17, 4:21 PM
    • #6
    • 7th Jul 17, 4:21 PM
    Surely he can just show evidence to the bank that he isn't owner of the property any longer and ask to be removed from the mortgage (even if he has to pay exit fees)?

    I feel sorry for the guy. Why do you think he should remain financially liable for something he doesn't own? If you can't afford to get a mortgage for the house, you'll have to sell.
    • TrickyDicky101
    • By TrickyDicky101 7th Jul 17, 4:30 PM
    • 2,801 Posts
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    TrickyDicky101
    • #7
    • 7th Jul 17, 4:30 PM
    • #7
    • 7th Jul 17, 4:30 PM
    Surely he can just show evidence to the bank that he isn't owner of the property any longer and ask to be removed from the mortgage (even if he has to pay exit fees)?

    I feel sorry for the guy. Why do you think he should remain financially liable for something he doesn't own? If you can't afford to get a mortgage for the house, you'll have to sell.
    Originally posted by FBaby
    Try doing that with a personal loan - it doesn't work!

    The ex really is in a bad position as he owes on a loan for which he has no upside (ie home ownership).
    • Guest101
    • By Guest101 7th Jul 17, 4:34 PM
    • 15,118 Posts
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    Guest101
    • #8
    • 7th Jul 17, 4:34 PM
    • #8
    • 7th Jul 17, 4:34 PM
    Try doing that with a personal loan - it doesn't work!

    The ex really is in a bad position as he owes on a loan for which he has no upside (ie home ownership).
    Originally posted by TrickyDicky101
    We really don't know this is the case to be honest. The OP has claimed this, but not explained how it happened.
    • Mancgirl
    • By Mancgirl 7th Jul 17, 4:35 PM
    • 9 Posts
    • 1 Thanks
    Mancgirl
    • #9
    • 7th Jul 17, 4:35 PM
    • #9
    • 7th Jul 17, 4:35 PM
    I had him removed via a transfer of equity through a solicitor.
    • Mancgirl
    • By Mancgirl 7th Jul 17, 4:37 PM
    • 9 Posts
    • 1 Thanks
    Mancgirl
    Nope he hasn't paid anything towards the mortgage since he left, I pay it all by myself and my partner.
    • Guest101
    • By Guest101 7th Jul 17, 4:38 PM
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    Guest101
    I had him removed via a transfer of equity through a solicitor.
    Originally posted by Mancgirl
    So you paid him off?
    • Mancgirl
    • By Mancgirl 7th Jul 17, 4:42 PM
    • 9 Posts
    • 1 Thanks
    Mancgirl
    I gave him his deposit back which was £6500 and from what I understand, by doing a transfer of equity through the solicitor, he is not entitled to any profit I make from the house
    • G_M
    • By G_M 7th Jul 17, 4:51 PM
    • 41,978 Posts
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    G_M
    I gave him his deposit back which was £6500 and from what I understand, by doing a transfer of equity through the solicitor, he is not entitled to any profit I make from the house
    Originally posted by Mancgirl
    Well that really depends on the terms of the agreement made.Did he not contribute to the mortgage payments too? For how long?

    But I suspect you are right if he agreed (fool!) to give up ownership. I also suspect that he did this, whilst agreeing to remain on the mortgage, to help you. perhaps knowing that without his joint name on the mortgage you'd be unable to take it over so would have to sell.

    He sounds like he's been very generous. Now he wats tomove on with his life, perhaps applying for a mortgage of his own, you should facilitate that.

    Talk to the mortgage lender and see if they'll agree to you/partner taking over the mortgage.

    failing that, sell and find somewhere you can both afford.
    • jessex1990
    • By jessex1990 7th Jul 17, 4:51 PM
    • 134 Posts
    • 75 Thanks
    jessex1990
    If you have bought him out he should have been discharged from the mortgage? Shouldn't he?
    • AnotherJoe
    • By AnotherJoe 7th Jul 17, 4:53 PM
    • 7,602 Posts
    • 8,202 Thanks
    AnotherJoe
    If you have bought him out he should have been discharged from the mortgage? Shouldn't he?
    Originally posted by jessex1990
    Nope, it's not mandatory. Unusual, but mentioned in these forums before.
    • Guest101
    • By Guest101 7th Jul 17, 5:09 PM
    • 15,118 Posts
    • 14,764 Thanks
    Guest101
    I gave him his deposit back which was £6500 and from what I understand, by doing a transfer of equity through the solicitor, he is not entitled to any profit I make from the house
    Originally posted by Mancgirl


    You keep talking as if you did stuff to him, not with him.


    Was he involved in this process. Did he have legal counsel?


    I suspect that what you have is not actually binding on him. But that may be just the way you've written it
    • Thrugelmir
    • By Thrugelmir 7th Jul 17, 7:33 PM
    • 55,962 Posts
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    Thrugelmir
    I gave him his deposit back which was £6500 and from what I understand, by doing a transfer of equity through the solicitor, he is not entitled to any profit I make from the house
    Originally posted by Mancgirl
    You have failed to keep your side of the agreement though. As you have left him exposed with a mortgage liability. Would selling the property enable you to clear your debts and start afresh. In the process remove your ex from the picture.
    "Wide diversification is only required when investors do not understand what they are doing." - Warren Buffett
    • Mancgirl
    • By Mancgirl 7th Jul 17, 7:40 PM
    • 9 Posts
    • 1 Thanks
    Mancgirl
    How have i 'failed' ? It's not a liability. I've never missed a payment and so it doesn't affect him. Why can he not get another mortgage? People have more than one mortgage?
    • Thrugelmir
    • By Thrugelmir 7th Jul 17, 7:46 PM
    • 55,962 Posts
    • 49,338 Thanks
    Thrugelmir
    How have i 'failed' ? It's not a liability. I've never missed a payment and so it doesn't affect him. Why can he not get another mortgage? People have more than one mortgage?
    Originally posted by Mancgirl
    Fact. The mortgage is a liability as far your ex is concerned. This will impact his ability to obtain finance and may well stop him from obtaining a sufficiently sized mortgage. As some years have passed. One assumes that his patience is now wearing out. Onus is on you to find a solution.
    "Wide diversification is only required when investors do not understand what they are doing." - Warren Buffett
    • Mancgirl
    • By Mancgirl 7th Jul 17, 8:00 PM
    • 9 Posts
    • 1 Thanks
    Mancgirl
    Why is the onus on me? It is a joint mortgage, one that we both signed for. He decided to leave and agreed that I should stay in the house. Now he wants out and now it's my problem?? How does that work
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