How do I remove my ex from my mortgage?

Baxter2010

Hi there,

As usual, a complicated one:

I have a joint mortgage with my ex (with whom I have two children) on a house we now rent out. We got the mortgage based on our joint income using a deposit raised from selling my flat and a loan I took out and have been repaying solely.

He paid very little, when any, of the mortgage and since we moved out, I have paid the mortgage from the rental income and kept the difference in lieu of maintenance for the children.

I would like to move back into the house with my new partner, two children and our new baby, but my ex is disputing this as his name is on the mortgage.
Is there any way I can remove his name from the mortgage? Does anyone know what my rights are considering he hasn't paid the mortgage for years and I have been paying it on my own anyway? Will a mortgage lender consider me and my new partner even though our joint incomes are lower than when I originally got the mortgage?

Help, very confused and feeling stuck!

Mrs_Bumble

Have you sought legal advice at all? If not then that needs to be done to see what your legal position is likely to be, you may have access to a legal helpline via your buildings and contents insurance or failing that try community legal advice http://www.communitylegaladvice.org.uk/

In relation to the existing mortgage

What is the current value you can check sites like https://www.zoopla.co.uk to give you an idea
What is the current balance
Any credit history issues
Who is the lender
Any other credit committments
What is your income
Is your new partner able to take on joint mortgage, if so as above, his income, any other credit committments, and credit history issues?
Do you know if your ex is expecting some sort of settlement?

Viper_7

You need to re-mortgage essentially, and yes the lender will take your joint incomines into account (if you take it out in joint names) if just in your own name - they will only take your income into account - ie depending on the outstanting debt may not lend it you.

However you can't just take his name off - he has to give permission. doesn't really matter that he hasn't contributed to the mortgage, his name is still on the deeds and so has in interest in both the asset and the debt of the property.
I'd see legal advice on this.

hyland1ellen

hello, i dont think it matters if hes been paying or not, his name is on the mortgage.
a memeber of my family had a house with someone ese but had to move back home, so another member, got in touch with the mortgage people and discussed the name change BUT the older one (your x) would have to agree to it and of cause depending on both your incomes, if it would cover the mortgage.
Your x needs to agree to be taken off the mortgage.. if yes, see hte mortgage lender about it all and they will advise you if you and new partner can cover it and i guess they will advise your x with the change..... see your mortgage lender first FREE OF CHARGE and they will let you know and first confirm if you and your new patner can cover it... BUT your x might want a pay off.... even if not ever paying anything towards the mortgage before.... is name is on it... so speak to lender first to see if you both can cove it before asking other questions.........hope it helps.

Mrs_Bumble

This situation is very different to a couple just splitting up and transfer of equity. The OP has put more into the property and maintained the mortgage and there is legal standing on this seeking legal advice is a must to protect her interest. The options given above will cost her nothing.

Simply a transfer of equity is not going to be any good as she needs to know where she stands legally as to how much claim her ex can have on the property.

dimbo61

If the property is now empty or about to become empty then move in with your kids and new partner
See if EX likes this !
Change the locks in case he has a key ( or EX tenants)
inform him if he does not sign over house you will contact CSA for maintence ( if you are not already doing this!)
You need a home for yourself and the kids and no court will force you to sell up and leave yourself homeless in order to repay 10/15% ( if he gets 10/15%!)of the property value to EX and leave HIS kids without a roof over there heads.
Go see a good female divorce solictor for advice.
GOOD LUCK

Thrugelmir

dimbo61 wrote: »

If the property is now empty or about to become empty then move in with your kids and new partner
See if EX likes this !
Change the locks in case he has a key ( or EX tenants)
inform him if he does not sign over house you will contact CSA for maintence ( if you are not already doing this!)
You need a home for yourself and the kids and no court will force you to sell up and leave yourself homeless in order to repay 10/15% ( if he gets 10/15%!)of the property value to EX and leave HIS kids without a roof over there heads.
Go see a good female divorce solictor for advice.
GOOD LUCK

I would caution against an aggressive stance.

Buy your ex out of the property. Remortgage the purchase with your new partner. Do this in a concillatory way.

Then contact the CSA regarding maintenance.

This way everything will be above board. As I doubt that you want to declare the rental income you've been receiving to the relevant authorities.

milesoneill

Messy one, that's for sure. Having gone through a divorce I know exactly where you're coming from.

A couple of things you'll need to keep in mind. If you and your ex were married, then any equity in the house is 50/50. As you are both down on the mortgage, you are both responsible for keeping up payments. You say you've been keeping up the payments yourself, but you also say the money has come from the rental income and you've pocketed the remainder. If you were married, he's legally entitled to half the profits (he's also required to pay child support, the CSA are the route for this). If you were not married, they you have a case regarding the initial deposit and your continued maintenance of the property - consult a legal advisor on this.

If you want to live there with your new partner, you'll need either a) your ex's consent (!! haha - not likely I guess!!) or b) remortgage.

Your mortgage lender will only be concerned with you and your new partners income, and if it doesn't cover the cost of a new mortgage then I'm afraid you're out of options. Either way, you need to get your ex's consent to sell the property (either to you or a third party, whatever your mortgage circumstances turn out to be).

Don't get yourself into hot water by moving in and changing locks etc. Remember your ex co-owns the house and has a right to live there (harsh, I know, but it's the unfortunate truth). However, the kids are a good bargaining chip, and if you have custody then you'll need a roof over your head - this will work to your advantage in any legal challenges.

In short: The house needs to be sold. If you and your new partner cannot afford a mortgage on it, then take the equity and move on. As ever, seek legal advice - it may be costly but at least you'll know exactly where you stand.

Hope this has helped,
Miles.