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    • Mancgirl
    • By Mancgirl 7th Jul 17, 2:06 PM
    • 9Posts
    • 1Thanks
    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 2
    • Mancgirl
    • By Mancgirl 7th Jul 17, 8:02 PM
    • 9 Posts
    • 1 Thanks
    Mancgirl
    I didn't do stuff TO him. It was mutually agreed that that was the best situation. I needed to stay in the house as I had nowhere else to go and he decided to leave and he did have somewhere else to go. Now years have passed and he wants out but it isn't that easy unfortunately.
    • aneary
    • By aneary 7th Jul 17, 8:10 PM
    • 819 Posts
    • 704 Thanks
    aneary
    You are delightful, I wonder why he left.....

    Whilst he is on your mortgage he will probably be unable to get another one of any value.

    Take him off the mortgage if the mortgage company won't let you sell the house pay off the mortgage.
    • Mancgirl
    • By Mancgirl 7th Jul 17, 8:16 PM
    • 9 Posts
    • 1 Thanks
    Mancgirl
    That's very rude. There is no need for that!
    • G_M
    • By G_M 7th Jul 17, 10:39 PM
    • 42,362 Posts
    • 49,222 Thanks
    G_M
    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
    Originally posted by Mancgirl
    Oh good grief! You really want it all don't you?

    He may be an ex, and you may have 'issues', but time has passed, you've both moved on, and you need to disentangle your finances and resolve this.
    The onus is on you because you are the one living in this house, not him. You are paying the mortgage, not him. So the mortgage should be in your name, not his.

    Whether he can force the lender to remove his name, via the courts or some other way, or not, it will be far easier if you do it.

    How you do it is up to you to resolve.
    • Thrugelmir
    • By Thrugelmir 7th Jul 17, 11:05 PM
    • 56,265 Posts
    • 49,631 Thanks
    Thrugelmir
    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
    Originally posted by Mancgirl
    What was the agreement when the TOE was made? That's a question you haven't answered.
    “Opportunities come infrequently. When it rains gold, put out the bucket, not the thimble”
    ― Warren Buffett
    • Geoff1963
    • By Geoff1963 8th Jul 17, 2:28 AM
    • 1,056 Posts
    • 679 Thanks
    Geoff1963
    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.
    You had a partner with enough income for a mortgage, and you have swapped him for a partner who is otherwise nicer, but without enough income for a mortgage.
    I'd guess that your new partner could perhaps earn enough : but that would mean long hours, in a hard / stressful job, with less time for a happy relationship with you. Conversely, if your ex- had taken a less demanding job, he would have been a better partner, and perhaps you wouldn't have split up.

    I think you are being unfair on your ex- ; whatever you do, he needs a chance at his own life.
    • antrobus
    • By antrobus 8th Jul 17, 6:15 AM
    • 15,300 Posts
    • 21,845 Thanks
    antrobus
    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
    Originally posted by Mancgirl
    You don't say whether or not you were married to your ex.

    But had you been married, the bog standard clause in the consent order for the divorce would have said something like, X agrees to pay Y £x for their share of the equity, and to use their 'best endeavours' to release Y from the mortgage.

    So what you have to do is to try and remortage the property. If your lender or any alternative says 'no', then you have done what you can.

    It's not your problem. The onus is not on you. The mortgage was a contract entered into by you, your ex, and your lender. All three parties need to consent to any change.
    • FBaby
    • By FBaby 8th Jul 17, 6:23 AM
    • 16,149 Posts
    • 40,071 Thanks
    FBaby
    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.
    Indeed, I expect he was being kind to you OP UNTIL you got another man to move in and benefit from what he is allowing you to keep. It's one thing helping you, it's another helping a guy who has financial problems.

    I bet he is kicking himself now for wanting to be nice to you as you clearly not appreciating one bit what he's done and somehow still think he should be looking after you. Why?

    You can't have it both way, the house that you are only able to keep thanks to your ex and the new boyfriend.
    • ThePants999
    • By ThePants999 8th Jul 17, 7:49 AM
    • 906 Posts
    • 1,060 Thanks
    ThePants999
    Have you no morals? I don't care what the law says or what your past is, it's completely unethical to keep him tied to a mortgage after you've removed his interest in the house.
    • AnotherJoe
    • By AnotherJoe 8th Jul 17, 9:03 AM
    • 7,681 Posts
    • 8,292 Thanks
    AnotherJoe
    Your ex is an idjut (maybe well meaning but still an idjut) and is probably stuffed though it may be possible he could successfully sue on the grounds you are a acting unfairly to his detriment since he's lumbered with your mortgage, amd can't get his own. Meanwhile you and uncrediworthy new bf sponge on his foolishness.

    The fact you can't afford the mortgage by yourself or with uncreditworthy bf shouldn't be his problem. But it is..
    • Anon2017
    • By Anon2017 8th Jul 17, 9:54 AM
    • 37 Posts
    • 3 Thanks
    Anon2017
    Not sure why people are bashing the original poster. Doesn't sound like she held a gun to her ex's head. If he didn't insist he was taken off the mortgage, that's his problem. The guy is clearly stupid and its come back to bite him.
    Unfortunately the moral thing to do would be to sell the house if you can't afford the mortgage on your own as its unfair to leave him on it.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 8th Jul 17, 9:59 AM
    • 2,110 Posts
    • 3,145 Thanks
    ScorpiondeRooftrouser
    That's very rude. There is no need for that!
    Originally posted by Mancgirl
    Yes there is need for it. You're awful and you need to be told so.
    • cjdavies
    • By cjdavies 8th Jul 17, 10:00 AM
    • 2,858 Posts
    • 2,896 Thanks
    cjdavies
    Not sure why people are bashing the original poster. Doesn't sound like she held a gun to her ex's head. If he didn't insist he was taken off the mortgage, that's his problem. The guy is clearly stupid and its come back to bite him.
    Unfortunately the moral thing to do would be to sell the house if you can't afford the mortgage on your own as its unfair to leave him on it.
    Originally posted by Anon2017
    And the OP is not?!
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 8th Jul 17, 10:01 AM
    • 2,110 Posts
    • 3,145 Thanks
    ScorpiondeRooftrouser
    Not sure why people are bashing the original poster. Doesn't sound like she held a gun to her ex's head. If he didn't insist he was taken off the mortgage, that's his problem. The guy is clearly stupid and its come back to bite him.
    Unfortunately the moral thing to do would be to sell the house if you can't afford the mortgage on your own as its unfair to leave him on it.
    Originally posted by Anon2017
    It would be because she's not acknowledging that he has done everything to suit her and is whining now he wants to get everything tidied up and move on. If he's stupid then she has taken advantage of that and wants to carry on doing so. You presumably think it's fine to take advantage of stupid people, and it's their own fault for being stupid. Here's news for you; it isn't.
    • warby68
    • By warby68 8th Jul 17, 10:21 AM
    • 876 Posts
    • 9,008 Thanks
    warby68
    Things change

    What was fair when you split is not fair now

    You have both moved on. You have a new partner. It is totally unfair to expect your ex to support your new partner to live in a style he can't afford for himself.

    Don't you see that OP especially now you know this mortgage seriously affects his ability to raise his own regardless of you meeting the monthly payments? Your early posts suggest you didn't realise that.

    How big is this mortgage if its from years ago and , even if you can't remortgage,can you and partner not throw some extra at it and at least start reducing the poor man's liability.

    Have you made any effort to free him or are you actually wanting to sit tight like this forever? Is your partner happy sponging off another man or does he not know?

    Make a plan OP and play fair. This is what should happen without either of you going the legal (usually costly) route.
    Last edited by warby68; 08-07-2017 at 10:25 AM.
    • G_M
    • By G_M 8th Jul 17, 10:30 AM
    • 42,362 Posts
    • 49,222 Thanks
    G_M
    ....

    Have you made any effort to free him or are you actually wanting to sit tight like this forever? Is your partner happy sponging off another man or does he not know?
    Originally posted by warby68
    I suspect the OP and partner don't consider this 'sponging' as the ex is not actually contributing financially to the mortgage. They (OP and partner) are paying it so "We're not sponging."

    But whilst they are living in a house they own (or at least OP does), with a mortgage they admit they would not be eligible for on ther own, the ex cannot live in a home of his own despite being eligible for a mortgage were it not for that fact that he is supporting the OP in maintaining their mortgage.

    That IS a form or sponging even if money is not involved.
    • FBaby
    • By FBaby 8th Jul 17, 11:17 AM
    • 16,149 Posts
    • 40,071 Thanks
    FBaby
    If he didn't insist he was taken off the mortgage, that's his problem. The guy is clearly stupid and its come back to bite him.
    I expect it came as a result of OP's promises that it would only be for a few months, until she could up her hours or get a new job, pressured that otherwise she would lose the house etc...

    Then comes the new boyfriend and it turns into 'well tough, nothing you can do about it'.
    • jessex1990
    • By jessex1990 8th Jul 17, 4:18 PM
    • 135 Posts
    • 75 Thanks
    jessex1990
    You are delightful, I wonder why he left.....

    Whilst he is on your mortgage he will probably be unable to get another one of any value.

    Take him off the mortgage if the mortgage company won't let you sell the house pay off the mortgage.
    Originally posted by aneary
    As she and her current partner are unable to get one of their own - she is on his mortgage. He wants to be able to buy his own and can't by sounds of things because this mortgage is showing on his credit file.

    It will be easier to

    A) sell up and move somewhere where she and her new partner can afford.
    B) remortgage it in your own name as you have demonstrated you have been making the payments,
    C) speak to the bank about removing him from the mortgage as you are making the payments on it. He may well have spoken to them but you speaking to the bank as well will mean you are much more likely to both get what you want.
    Last edited by jessex1990; 08-07-2017 at 4:25 PM.
    • G_M
    • By G_M 8th Jul 17, 4:33 PM
    • 42,362 Posts
    • 49,222 Thanks
    G_M

    A) sell up and move somewhere where she and her new partner can afford.
    B) remortgage it in your own name as you have demonstrated you have been making the payments,
    C) speak to the bank about removing him from the mortgage as you are making the payments on it. He may well have spoken to them but you speaking to the bank as well will mean you are much more likely to both get what you want.
    Originally posted by jessex1990
    D) find a 'Guarantor' (family?) either to faciltate removing ex from the current mortgage, or for a replacement mortgage (on this or another properry).
    E) move to rented
    F) Replace ex on both Title and mortgage with someone else (again family is the obvious)
    G) clean up both your credit files by clearing all debts asap, checking for eroneous listings and removing them, getting a basic credit card and using it responsibly (this improves credit rating) etc
    H) get better paid (or 2nd) jobs to improve income
    G) agree with ex a time-frame after whch you will do one or more of the above, so at least he can see a future

    There are many options to consider. Some may be impractical, but you need to make the effort, explore them all, and talk to your ex constructively about the situatio, not claim "I'm all right Jack" and bury your head in the sand.
    Last edited by G_M; 08-07-2017 at 4:35 PM.
    • Guest101
    • By Guest101 10th Jul 17, 11:24 AM
    • 15,118 Posts
    • 14,765 Thanks
    Guest101
    I didn't do stuff TO him. It was mutually agreed that that was the best situation. I needed to stay in the house as I had nowhere else to go and he decided to leave and he did have somewhere else to go. Now years have passed and he wants out but it isn't that easy unfortunately.
    Originally posted by Mancgirl


    He did you a favour, sort your own life out and stop relying on your ex to support your lifestyle
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