Joint mortgage and relationship breakdown

TanyaN29

Can anyone advise me.

I spilt with my ex-partner over 2 years ago and went Bankrupt, naively believing that my name would automatically be removed from the mortgage. On trying to rent a new property I failed a credit check, which prompted me to check my credit reports, to which I find that although I havent been anywhere near the old house for two years or more I am still on the mortgage and my ex is 3 months in arrears. How do I go about removing myself from the joint mortgage?

I am in desperate need of help as I am awaiting the OR's response to the same question but cant see how I can start to improve my credit file and get my life back on track if I remain attached to my ex and the mortgage for the next 17 years and he continues to be in arrears.

PS I dont want anything out of the house or him, just the freedom to rebuild my life and do whats best for our child.

Did inform the bank when we first split, but ex made me feel pressurised into remaining on the mortgage, (since which I've learnt he's renting it out, so cant understand why he not paying)

silvercar

Secured loans, which include mortgages, are excluded from bankruptcy.

The lender doesn't have to agree to remove your name from the mortgage. If the lender repossessed (which is a fair possibility given that there are arrears) then any shortfall would be included in your bankruptcy.

Depending on your relationship with your ex, informing the lender that the property is let could bring things to a swifter conclusion. If there is no consent to let, the lender could demand that the arrears be cleared and/or refuse consent to let. This could encourage your ex to sell up.

TanyaN29

Hi Silvercar,

May do that, he's a bit devious though my ex and dont want any fall out affecting my daughter, may write to the mortgage lender and let them know, I was discharged last year but am concerned that if there is a shortfall now and I know for definate that there is negative equity, that the mortgage company will start chasing me and I'll have to go bankrupt again as I wouldnt be able to pay any extra money out than what I'm paying now.

Hoping OR/Trustee will get back to me as its had me worried all weekend.

FuzzyCub

TanyaN29 wrote: »

Hi Silvercar,

May do that, he's a bit devious though my ex and dont want any fall out affecting my daughter, may write to the mortgage lender and let them know, I was discharged last year but am concerned that if there is a shortfall now and I know for definate that there is negative equity, that the mortgage company will start chasing me and I'll have to go bankrupt again as I wouldnt be able to pay any extra money out than what I'm paying now.

Hoping OR/Trustee will get back to me as its had me worried all weekend.

Once the property is sold or repo'd the debt would become unsecured and the shortfall would be included in your bankruptcy even though you are discharged - your mortgage company could not chase you for it... unless you sign a deed of acknowledgement or similiar. Then you accept liability for the shortfall after the date of your bankruptcy, effectively creating a 'new' debt that you would be responsible for.

DO NOT SIGN ANY DOCUMENTS FROM YOUR MORTGAGE COMPANY and refer them to the OR after the property is sold or repo'd.

TanyaN29

Hi Fuzzycub,

Definately wont be signing anything from the mortgage company, can they chase me for the arrears if I were to write to them an aske them to remove me from the mortgage?

I know for a fact that my ex will be a git as he thinks he can get away with having things but never paying for it, he couldnt wait for me and my daughter to go as He had moved someone in within two weeks.

We'd been together 9 years and at the time I was trying to be stronger for our then 1 yr child.

Now my own naveity and his couldnt care less attitude are messing up my chances of every getting my credit file back on track...

Hopefully it wont be long before its repossed but there will probably be a huge amount of Negative Equity. Just desperate to cut ties and be able to re-build my credt, but its the ex that is causing the problem.

Oh by the way the OR came back to me, advising that I seek legal advice, so may have to try and start putting some money away for that.

FuzzyCub

TanyaN29 wrote: »

Hi Fuzzycub,

Definately wont be signing anything from the mortgage company, can they chase me for the arrears I believe (not 100% sure) the arrears would become part of the unsecured shortfall. My lender included mine in the shortfall and they were covered by my bankruptcy. if I were to write to them an aske them to remove me from the mortgage? The lender doesn't have to remove your name I would be surprised if they did.

I know for a fact that my ex will be a git as he thinks he can get away with having things but never paying for it, he couldnt wait for me and my daughter to go as He had moved someone in within two weeks. Your better off without IMHO

We'd been together 9 years and at the time I was trying to be stronger for our then 1 yr child.

Now my own naveity and his couldnt care less attitude are messing up my chances of every getting my credit file back on track...

Hopefully it wont be long before its repossed but there will probably be a huge amount of Negative Equity. Just desperate to cut ties and be able to re-build my credt, but its the ex that is causing the problem.

Oh by the way the OR came back to me, advising that I seek legal advice, so may have to try and start putting some money away for that. Try one of the debt charities CCCS were excellent with me in a similar situation. My ex was a bit of a [STRIKE]d**k[/STRIKE] idiot too!

Hope you get it sorted soon x

silvercar

As long as you have a joint mortgage you are financially connected, so your aim should be to either get the lender to agree to move the mortgage to solely his name or to get the property sold or repossessed.

Getting the mortgage to his name would require him and the lender to agree. The lender will only agree if he has sufficient income to justify the size of the mortgage and would probably insist on the arrears being cleared.

As you have been bankrupt the shortfall will fall into your bankruptcy, so from your point of view whether it is sold or repossessed doesn't matter (though it may come back to bite you in future mortgage applications that you have had a property repo'd). If he hasn't gone bankrupt he will be solely liable for the whole of the shortfall.

If he can't afford it, then he needs to sell up.

TanyaN29

Hi All,

Thanks for the advice. I'm going to be moving in a couple of weeks, a friend has agreed to act as my guarantor so the move is on. Will probably get legal advice in a couple of months re ex and mortgage, (it may get repossed before then Fingers crossed).

Silvercar, I know for a fact that my ex will never agree to remove my name, he's a full blown A***, and thinks he can just do what he wants, he doesnt even respond when I tell him about his daughter, I have to communicate via his mother ( at least I get something out of him for maintenance, though I believ his mother pays it for him)

Fuzzybe,

Advice duley noted about the deed of acknowledgement, will keep my eye open when I go to pursue the removal of my name from the deeds and mortgage, think he will have to sell as he's self-employed and unless where he works has suddenly taken off then there is no way he can afford the mortgage on his own.

Once again thanks guys for the help, will try and keep you all posted with my progress, but will be off line in 10 days when I move as the phone company can't fit my new line till 4th April...

Plus may be a few more months before I get things sorted, may write to ex and offer him the opportunity...

Kind Regards

TanyaN29

dancingfairy

I'm just wondering if it's the bankruptcy affecting the credit score more than the mortgage? obviously you want to get the mortgage thing straightened out but 2 years after bankruptcy is not that long for it still to be having quite an adverse effect on your file.
df