My partner still has joint mortgage with his ex-wife

mi55_bee

My partner is trying his hardest to cut all financial ties with his ex-wife but to no avail.

The mortgage is still in joint names. They separated about 4 years ago and have been divorced for over 2 years.

He initially wanted her to sell the house but she point-blankly refused. She has a very poor credit history and has a history of chaning jobs every 6 or so months.

He approached the mortgage company to try to get his name off the mortgage but as she is not earning enough and as explained above they also refused.

She defaulted on her mortgage and has now defaulted on the payment plan they had agreed to bring her back up to date. The bank is now in the process of taking her to court but our concern is that they will again allow her to continue paying into a payment plan.

My partner wants the house sold or for her to buy him out and clear the matrimonal debts (which he is paying for !). It is highly unlikley that she will be able to buy him out as she also has other debts.

His son is now living with us and she has an older boy from a previous relationship who still lives with her.

We are looking to move forward with our relationship but I have concerns that if we get married then they will try to claim on my assets to clear her debts ?

I've tried to search on the internet but it's all very confusing so anyone with any advice please come forward !

Many thanks

Broken_hearted

If she has a child it is unlikely he can force her out, all he can do is wait till they reposses then he will still be liable for any shortfall.
If the debts are in joint names they are his debts too and any assets he own could be taken if he goes bankrupt.

pigpen

But the child living in the house is not his so they can force a sale.. and the mortage compant can also force her to sell to prevent repossesion costs.. other creditors can force you to sell as well on the grounds of bancruptcy (which is how I ended up with my house.. thank you Yorkshire Water )

If OH's child is living with you give her an ultimatum.. move out so you can move in and keep the house (then sell it and buy somewhere else) and she can rent with HER son.. or contact a solicitor and force her to sell as the child in the house is none of your concern.. harsh as it is.. if it saves OH's credit rating etc.. and prevents a repossession order with his name on it.. that would mean no mortgage for 6-12 years or more... and also any negative equity has to be repaid!

I don't think you have to actualy be married for your income to be taken into account.. just living together as a couple.. though I am not 100% on that..