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Selling my part of my house

Hi all, this is my first ever time on a forum so I would really appreciate any help & advice!
My ex partner & I bought a house with a 100% mortgage 3 years ago. We have split up. He is refusing to sell the house or let me take my name off the mortgage until debts in his name are cleared (which will take about 7years). Looking to rent out to students, but I just want to get out of the situation and not worried about getting any profit. House is in negative equity.
Is there a way I can sell my half of the house to settle my part of the mortgage? Also, can he still live in the house if someone buys my part or can they force him to move out?
Please help! Thank you

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 25 July 2010 at 9:59PM
    Hmmmm..... okay, on the assumption that this is not a w-u


    1. You are both jointly responsible for the mortgage.

    2. The lender will not allow your name to be removed from the mortgage unless your ex can afford to remortgage into his sole name. To do that, the shortfall would have to be found from somewhere.

    3. In the (extremely unlikely, almost impossible) event that you could find someone who wished to buy 'your share' of the house, your ex would have to agree to the sale, and would have to take out a joint mortgage with that person. The lender would also have to agree.

    4. If the house in in negative equity, you are not going to make any profit. You are however going to have to find a way of paying off the negative equity, since any sale or re-mortgage is not going to cover the original mortgage.

    5. You can apply for a court order to force a sale of the house, but that is very costly.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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