Removing ex partners name from mortgage

Chrissy1981

future_252 wrote: »

I am in a similar situation.........me and my fiance are in the process of separating. He wants to sign over his half of the mortgage to me and his solicitor has said that I need to contact Santander and they need to send something out for him to proceed with the change. I have spoken to Santander but say that I am not earning enough to be able to pay the mortgage (the annoying thing is that if I had to rent a one bed flat round here the rent would be the same as the mortgage!!!) Anyway, if anyone can come up with a suggestion on how I can get round this problem I'd be extremely grateful!!!

I was in this situation when I split up with my ex 2 years ago. My wages covered the mortgage and bills but Nationwide wouldn't let me keep the mortgage on my own! And I wouldn't have been able to afford to rent as this would have been more! Anyways. My dad very kindly put his name down on the mortgage as well, as if he was also paying half (but he wasn't). It was a bit tricky though as it was all dependent on how many working years he had left before retirement against the years left on my mortgage. Luckily it went through okay.

sophievenusdoom

EleanorRig wrote: »

I contacted the CSA when we broke up - he has managed to avoid them as he is self employed and has lied about his income.

Surely there is a way that they can ask him to prove his income (but then, this is the CSA!!). If he does ever get caught out, then he will owe you a nice, handsome sum in back-payments!!

sophievenusdoom

blue_monkey wrote: »

Then go and see a solicitor. My dad refused to pay maintenaince and mum got his half of the house in exchange for this, on the proviso that she never went to the CSA (yes, he really is the toad he sounds!!).

There were a few rules tied to it such as her not being able to remarry until the youngest was 18, stupid controlling rules if you ask me, but anyhow, she got it from him and he had to sign it over with the form from the bank.

You'll get Legal Aid to do this and they put a charge on your house - well worth the money though don't you think?

A lot of these men that are quick enough to run away from their responsibilities are happy to wait in the wings waiting for something to happen. Needless to say he would probably have no hesitation in forcing a sale when the kids reach 18 and by then you'll have paid most of it and he will get half and you'll not be able to stop the sale.

Get in now and see a solicitor - tell them he has not paid anything and you want an agreement drawn up so you get his half in exchange for maintenaince.

Let us know how it goes.

Very good advice, and not things that people always think of when separating. You really don't want him having half of the house which you have wholly paid for the past x amount of years whilst he has been avoiding the CSA, his responsibilities and the mortgage payment!

blue_monkey_2

This is the 2nd thread I have read this week where someone has been paying the mortgage for almost 10 years and the ex has not paid anything but still 'owns' half the house yet they have children.

Initially I thought it was the same poster, but it isn't. I'd certainly not let the weasle get a single penny if he was doing his utmost to ensure he did not pay for his childrens upkeep. I can understand it being a year or 2 but for 9 or 10 years, no. I'd be doing everything in could to ensure he did not get a penny out of the house. If he is doing everything to ensure he gets out of paying while they are small he will have no problem enforcing a house sale - more than likely on the youngest childs 18th birthday.

My mum was told after the youngest turned 18 the house would be hers but that he would have to get taken off the deeds. Mum did not get it done right away as she did not have the balls to get things moving as my dad can be really difficult. My dad obviously thought he was just going to sit back wait until something happened to my mum and come back in and take the house and sell it and take all the money - only he never banked on me helping her get it sorted. He made things very difficult saying he could not afford it, he could not get time off work, would have to see a solicitor on a weekend when they charged more. Mum was saying 'just do it, I will pay for it' and he dragged his heels. So I called a solicitor where he worked and asked them how we could do it, he was none too pleased when I called and told him he only had to go to a solicitors in his lunch hour with his ID and £5 and it would take 2 minutes to do. He was so angry he shouted at me and said horrible things. He then sent my son £5 for his birthday present with a yellow post it note stuck to it saying 'it would have been £10 but I deducted £5 for solicitors fees - ask your mother to pay you pack'. He showed his true colours that day so I return it to him telling him to shove it and gave him a few home truths - and he has not spoken to me since. Boo hoo. NOT! His loss!!

shiprob195

future_252 wrote: »

I am in a similar situation.........me and my fiance are in the process of separating. He wants to sign over his half of the mortgage to me and his solicitor has said that I need to contact Santander and they need to send something out for him to proceed with the change. I have spoken to Santander but say that I am not earning enough to be able to pay the mortgage (the annoying thing is that if I had to rent a one bed flat round here the rent would be the same as the mortgage!!!) Anyway, if anyone can come up with a suggestion on how I can get round this problem I'd be extremely grateful!!!

I was in this situation earlier in the year.
The outstanding balance on the mortgage was £53K. According to Halifax my affordability (on single parent benefits-2 kids) was only £20K.

As my parents are in their early 60s, Halifax said they couldn't go on my mortgage.

The only way I could get the house transfered into my sole name was to reduce the balance on the mortage to £20K.
I was very fortunate that my parents could assist me.

There is a "charge" on the house in favour of my exH.
I paid him a sum when we got divorced, as there was £75K equity in the house.

The charge will remain til i get remarried, die, the kids leave full time secondary education, etc etc.

I then have to pay him a further amount.

The convenancing solicitor sorted all this out for me (cost about £550)

I divorced using legal aid.

HTH

asp746

i've just done this and like the op had been paying the mort for over 10yrs even tho it was in joint names. first i had to go the bank and they assessed me for a new mortgage (the current one is an endow so no good) i was passed so then i went to a solicitor who did a Transfer of Equity process which meant i had to give all mine & my partners details, and i had to take my passport to prove it was me. They wrote to my ex explaining i'd visited and would he be agreeable to sign his part of the house over - once he agreed then he had to sign a disclaimer form and have it witnessed.

then my solicitor has arranged for the deeds to be written up in only my name.

it cost me £140 to get the mortgage swapped and £370 for the solicitor. so it wasn't cheap but it takes about 6 - 8 wks for the solicitor work to be done so you just leave a deposit and pay the rest at the end, or you can go in over the weeks and just pay bits off here and there.