Getting out of a Mortgage with an Ex-Partner / Failed Relationship

RickStar_2

How do you get out of a mortgage when the other won't sell or buy you out and you can't take on the mortgage loan because you cannot afford to buy them out?

I have ended a relationship after 13 years and we were never joined legally or partnered in a civil relationship in any way - just 'boyfriends' living in his property. We decided to take on a joint mortgage for a small 2-bedroomed semi-detached house for £117,500 in 2006 as a business proposition. We initially agreed that if at any time the relationship soured then we would split up and sort out the house and go our own seperate ways. The relationship soured and I initiated the split up in Oct 2009 and moved out into my own rented accomodation.

My ex-partner then began such a bad level of harassment and intimidation that I have had to get the police involved and had a couple of warnings to him to not have any contact any more with me. This has made it very difficult to sort out the house sale / situation as I cannot go anywhere near the house in case he is there. For all I know he could be living there, renting it out or trashing the house.

I have been contacting him through my solicitor for the last year asking for a resolution to the house and asking to get my name removed from the mortgage. I initially asked him to sell and split the proceeds [ with a small amount of my share to go to him for money that I owed him ] and he has ignored or refused any requests. It has got to the point where I have offered to give him my half of the house just so long as I am taken off the mortgage - I am basically walking away from the relationship with nothing, but he is still dragging his heels and stalling making a decision.

He keeps on asking for a face-to-face meeting which I am unwilling to do because it would affect the harrassment warning which is still in place - it would basically be a green light for him to start harassing me at work and home again...

He is making this whole situation very difficult to deal with and I am at the end of my tether... I have a wonderful new partner who is very understanding and helping me to sort out my finances so that we can make a fresh start together - but this is the final hurdle to overcome before I can finally be free to make that fresh start with him. My ex is basically doing everything he can to keep me linked to the mortgage knowing that it will mess up my life and not allow me to move on....

We have kept up mortgage payments until this month Nov 2010. I am now thinking now to just ignore the payments and let the house get repossessed .... what would this do to my financial situation? What implications would that have? Would I have to attend court?

I just want this sorting out as quickly and fairly as possible and would really like some advice if anyone has been in the same situation before ..... I am very stressed and upset that I have tried to be more than fair as possible to my ex who is refusing to allow things to get sorted out....

I really need advice on what to do next....any comments would be most appreciated....

dimbo61

You need to go back to your solictor and ask for a forced sale and you also need to contact the lender

Annisele

RickStar wrote: »

I am now thinking now to just ignore the payments and let the house get repossessed .... what would this do to my financial situation? What implications would that have?

For a start it would completely trash your credit rating for at least six years - which would make it either near-impossible or actually-impossible for you to get a mortgage with your new partner for at least six years.

You need to go back to your solicitor, tell him what you said in your post, and see what he advises. If your current solicitor isn't helpful, then you need a new solicitor.

Your ex might not be able to get you removed from the mortgage - if the lender won't agree to release you, then the only way for you to be released is for the mortgage loan to be repaid. You might need to go to court to get that done - but your solicitor can advise.