Can my ex do this?

Barny1979

Brief sumary:

Bought house with partner in Nov 2006.
Split up in March 2007, I moved back in with parents, paid half the mortgage till August of this year, when she moved out and I moved back in, she is now renting somewhere and I am paying all the mortgage.
The intention is to remove her name off the mortgage, she has had a letter drawn up for me to sign, saying that if her name is not off the mortgage by end of January she can force the house to be put on the market!

I don't want her on the mortgage as much as she doesn't want to be on it, but she seems to be pressurising me to sign, when I have yet to get advice regards the letter.

I was completely fair to her paying half the mortgage and having to live with my parents for 18 months!

~Beanie~

She can apply for an order of sale if necessary. Why can't you get her name removed before the end of Jan? That would seem the easiest solution.

Captain_Mainwaring_2

Tell her when she pays back what you have paid in her name, you'll be please to oblige, until then, tell her to take a paddle until her hat floats.

Natty082

~Beanie~ wrote: »

She can apply for an order of sale if necessary. Why can't you get her name removed before the end of Jan? That would seem the easiest solution.

Agree with post, why can't you do it by then? It shouldn't take that long to do.

My partner is in a similar situation. He lives in the house but his ex still owns half (its not mortgaged), he wanted to sell and put it up for sale after she agreed. Two months later she 'contested' it and so he HAD to take it off - don't know if it is still the case and you can contest it yourself (this was about 4 1/2 years ago)

Barny1979

I should be able to get her name removed, she's just being a pain pressurising me

Jockey666

Get it sorted asap so you can move on.

CHR15

Get shot of her ASAP.

She probably has ideas of mortgaging on her own of with her new bloke and is unable to until she has her financial ties broken with you.

ALIBOBSY

As far as I remember from my divorce (was over 10 yrs ago tho), we just went into the bank and I signed the mortgage over to him. Mind you the house and mortgage were his originally and I was only added to the mortgage later when he wanted extra cash. As we were only married 4 years and he enjoyed punching me around was happy just to be rid of the whole thing. I think I had to sign a document to amend the land registry entry which cost around £100 I think. All done very quickly, but was alongside the divorce so sorted by solicitors really. Sure the mortgage thing was done really early on, all he had to do was get the bank permission to remove my name and then I signed to agree to it.

ali x

Debt_Free_Chick

Barny1979 wrote: »

The intention is to remove her name off the mortgage, she has had a letter drawn up for me to sign, saying that if her name is not off the mortgage by end of January she can force the house to be put on the market!

It's not really as simple as "taking her name off the mortgage". Effectively, you will have to remortgage for the amount currently outstanding, on your own.

Do you know if you will get a mortgage for the amount owed? You'll need a redemption figure from the current lender and that might include a early redemption penalty. You may be able to avoid this by sticking with the same lender - but you may also want to look to see if there are better deals, even if you take the ERP.

Also, I assume there's no equity so there's no cash to pay to her?

Depending on the value of the property, you may have to pay stamp duty as well.

You need advise. Talk to your current lender first and then consider consulting a whole of market mortgage broker if only to "sense check" what the current lender offers you.

Barny1979

I've gone through the change of name with mortgage company and about to start process with someone replacing ex on mortgage