Mortgage in relationship breakdown

lindseydaniel

I am after some advice about a mortgage I am named on.

Basically, I am named on a mortgage with an ex-partner. I would like to know my options regarding the mortgage and house. She currently lives in the house with my 2 children aged 5 & 7.

I have tried to remove my name from the mortgage but the mortgage company wouldn't allow it as my ex partner does not earn enough.

I would like to know my other options. Whether I could force a sell of the property. I would like to know if I have any rights to any of the equity in the property?

In agreement with my ex partner she has paid the mortgage on her own since around September 2008. There is a homeowner loan secured on the house which she started to pay on her own (in agreement) in around October 2009. It is probably not of any benefit to me to any outcome but I paid the mortgage for years on my own as she was not working.

For your info the house is worth around £165,000.
The mortgage has a settlement of around £130,000.
The homeowner loan secured on the property has a settlement of around £21,000.

The mortgage and homeowner loan are both in joint names.


I am going to see a solicitor tomorrow but am after some people with past experiences as to what I could expect.

hillcats

I do believe that what ever happens you are legally obliged to house your kids until the youngest reaches 18?

opinions4u

lindseydaniel wrote: »

I would like to know my other options. Whether I could force a sell of the property.

And your kids would live where?

The legal position is complex and varies from case to case.

But I would strongly suggest that you clarify your proposals with regards to housing your children, as at the moment your post doesn't make you sound like the most caring parent and as such is unlikely to attract helpful responses.

lindseydaniel

Um. My kids would live with their mum in either a rented house or a council house or as my ex recently told me she has no money problems and that money will never be a problem again then maybe she will buy a house.

So you are basically telling me that although I pay £500 a month in child maintainence every month I also have to be stuck on a mortgage I have absolutely no benefit of.

Don't think so some how!!

benbenandme

I think that is right tbh, unless she chooses to sell the house you can't force her until the kids are 18, then you would benefit from the sale of it too I believe.