how can i get my partners name off mortgage

tesorocibola

when i took out my mortgage 10 years ago my partner was not working as she was pregnant with our first child,i had the mortgage based on my income only but put her name on the mortgage policy,we have never had a joint account and i have made every payment for the last ten years,she has never paid a penny,now we have split up as she told me she has been having an affair with my brother inlaw for the last two years,she is now moved out to a womans refuge and i have no way of getting in touch with her,now we have split i would prefer her to sign over her half to me or my eldest daughter as the house has always been for the kids when we sell up there should be enough equity to pay off mortgage and easily leave 70 grand spare,im on incacity benifit and was claiming for my partner when she lived here now shes gone im losing 100 pound a fortnight,i dont know what to do,do i try and get her to start paying her half or do i try and get her name removed,is it in my favor that its been me that's payed the mortgage for the last 10 years and shes paid nothing,+ she has left me with loads of debts because when she was having the affair she stopped paying her half of the bills for over a year,now shes gone they are all coming in and biting me in the !!!!,cheers any help will be very much appreciated.

dunstonh

due to lack of grammar, its a bit hard to follow your post. You may wish to edit it to make it clearer. However, I will pull a few bits of it....

i have no way of getting in touch with her,now we have split i would prefer her to sign over her half to me or my eldest daughter

If you are not in contact, how can she sign it over?

Can you afford to take on the mortgage in just your name? if you can meet current lending criteria then there is no issue as long as she can sign the documents to get the property transferred into your name and her taken off the mortgage.

Dave101t

i doubt the authenticity of this thread.

tesorocibola

dunstonh wrote: »

due to lack of grammar, its a bit hard to follow your post. You may wish to edit it to make it clearer. However, I will pull a few bits of it....



If you are not in contact, how can she sign it over?

Can you afford to take on the mortgage in just your name? if you can meet current lending criteria then there is no issue as long as she can sign the documents to get the property transferred into your name and her taken off the mortgage.

i can get in touch through a third party ive just discovered this

tesorocibola

dunstonh wrote: »

due to lack of grammar, its a bit hard to follow your post. You may wish to edit it to make it clearer. However, I will pull a few bits of it....



If you are not in contact, how can she sign it over?

Can you afford to take on the mortgage in just your name? if you can meet current lending criteria then there is no issue as long as she can sign the documents to get the property transferred into your name and her taken off the mortgage.

i have all the documonts from birmingham midshires and they said it would cost me 200 pound to re apply just in my name but because im on incapacity benefit it has raised a flag but the woman who i spoke to was very helpful when i explained that i had been getting incapacity benefit for the last 8 years and still managed to pay mortgage,she said to fill in the form and add a letter explaining some of my circumstances,is this the best way to go ,what if mortgage lenders approve me for a mortgage on my own but the ex still has to take her name off the deeds,what happens if she wont take her name off the deeds?

tesorocibola

Dave101t wrote: »

i doubt the authenticity of this thread.

why on earth would someone make up a story like this telling of personal details etc,i need help im in a right mess im entitled to ask for help and you are entitled to your opions which i would prefer you to keep to yourself if its going to affect the responses i recieve

kingstreet

The transfer of equity process means your former partner and your mortgage lender both have to agree to her being removed from the deeds and the mortgage.

jamesd

Were you married by any possible definition of marriage, including common law?

What does the ownership record at the Land Registry say about property ownership? Is she mentioned at all there?

You need to watch out for the possibility that she may try to claim half of the increase in value of the property over the last ten years from you.

Speak with a solicitor before acting.

tesorocibola

as we lived together for twenty two years probably yes to common law
i know she went to the solicitor last year because i went in to make an appointment and they kicked me out saying it was a conflict of interest me being in there so i waited outside and she was inside with solicitor for a while when she came out she said she was just talking to solicitor about removing her name and she said that the solicitor was looking into it,but i asked her why did they kick me out saying it was a conflict of interest and she said she didn't know what do you think shes done behind my back ?

tesorocibola

jamesd wrote: »

Were you married by any possible definition of marriage, including common law?

What does the ownership record at the Land Registry say about property ownership? Is she mentioned at all there?

You need to watch out for the possibility that she may try to claim half of the increase in value of the property over the last ten years from you.

Speak with a solicitor before acting.

how do i find out what the ownership record says?

meer53

There is no such thing as a "common law" husband or wife, the following is taken from https://www.lawontheweb.co.uk

"More and more couples now live together without getting married, but, no matter how long the relationship, the law still effectively treats them as separate individuals with no rights or liabilities to each other if the relationship ends (unless they are same sex couples who have entered into a formal civil partnership).

This has some far-reaching consequences for such couples (of whatever sex or combination of sexes), particularly in relation to their home - most people's biggest asset. The majority of couples fail to consider this until after the relationship has ended.

Unlike married couples, unmarried couples have no basic rights to their partner's property or to maintenance if they split up. Basically what is his is his, what is hers is hers, and what is jointly-owned needs to be divided."



You need to ask the Land Registry for information (you can do this on their website for a small charge) then get some legal advice as to what to do next. Even if she hasn't paid a penny towards the mortgage she may still be entitled to a share of any profit made if you sell your house.