Severed joint mortgage question

Jenny139

Hi, new to the board and so be gentle!:)

I'm currently living with my partner in a property which is owned by himself and his ex-girlfriend. She moved out of the property over 2 years ago (a moonlight flit!) and has not contributed to the mortgage or bills since this time. She also took with her the majority of the items in the house against my partner's wishes as these were all bought by himself using his credit card (which can be evidenced). She also severed the joint mortgage by way of a signed petition sent by recorded delivery to us once she moved out. When the house was first bought, his ex did not contribute towards the deposit and this was paid by my partner. My partner has also paid for and carried out all home improvements/DIY, without contribution (financial or labour-wise) from her since the property was bought - the majority of work has been done after she left the property. The house was in negative equity when she left the property and my partner was left with all associated debts. She has previously sent my partner a signed letter indicating she did not want anything to do with the property nor would seek any equity from it. Over the last year she has been chasing my partner to have her name removed from the mortgage/deeds, despite refusing to contribute to valuation/solicitors costs for this. My partner has finally 3 months ago been in a position financially to be able to instruct his Solicitor to send the papers to her to sign for transfer of equity - and after having the papers in her possession for the last 3 months, she has now advised yesterday that she refuses to sign them, and has not even instructed her own legal representation.

My partner's Solicitor has advised the other way to have her removed would be by way of Court Order, but we don't know roughly how much this would cost and whether she would be liable for my partner's costs if it was found in his favour? Also, I have heard there are laws around 'abandonment' of a property. Is this something that could be applied here?

Surely, onces the tenancy has been severed, she is only entitled to the percentage of share she contributed to the property? (rather than an equal share) In this case, would be roughly 3 years of half the mortgage payments while she lived there - which probably equals the total price of the items she took from the house that belong to my partner! Am I wrong in assuming this?

I hope someone is able to help, as this has been dragging on for a long time now with no light at the end of the tunnel!

Jenny139

Is anyone able to offer any advice on the above? Many thanks!

Thrugelmir

My partner's Solicitor has advised the other way to have her removed would be by way of Court Order, but we don't know roughly how much this would cost and whether she would be liable for my partner's costs if it was found in his favour?

The court would award total costs in favour if the "objection" was without substance. A judge would view the hearing as a waste of the courts time. I would suggest get the ball rolling as just the threat may be sufficent for the ex to come to her senses.

As for everything else without documentation to prove. It's word against word. So best put to oneside. Move on with your lives in that regard.

Jenny139

Thanks Thrugelmir.

Everything can be documented and evidenced so that isn't a prob. Moving on is exactly what we're trying to do and have organised removing her name from the mortgage as she wanted. All she needs to do is sign the papers, which will mean she walks away debt free (unlike my partner) But for as long as she simply refuses to sign, the situation just drags on!

We're awaiting her latest response and fully expecting her to request a sum of money in return for her signing the docs - even though my partner doesn't owe her anything. She isn't known for her reasonable nature and is likely to 'milk' the situation where she can. I just don't know what she is entitled to legally. - And how we can get rid of her once and for all!

Again, any advice is appreciated!