Am I stuck unless I pay him for his signature?

Dolly-Rocket

Hello
Not sure if this is the right place to post but struggling to get any answers on the net and solicitors not open until tomorrow.
In short.
Marriage has ended and I'm about to petition for divorce. I live here with our three children and have switched to an interest only mortgage since he left three years ago (he doesn't contribute anything).
I'm desperate for the house to be in my name only and I've just started the process of applying for this. However, my ex gas said that in order for him to sign the paperwork I must pay him £2000.
The house is in negative equity of approx £8-10k

I've been told that if the divorce court decides who gets it then it may be me, but does that mean his name stays on the deeds and we sort it out when youngest leaves school? If so, I don't want that. I just want to start afresh and have no dealings with him. But likewise I can't afford the £2000 either. I'm paying for the divorce in it's in entirety too. I work part time and get just £50pw off him for the children.

Do I really have to pay him
£2000 to get him to sign the house over, or is there another way. To say I feel trapped is an understatement.
Many thanks.

Thrugelmir

I would wait and speak to your solicitor tomorrow. Let him deal with matters on your behalf.

dimbo61

Sorry to tell you this but I dont think you will be able to get your EX off the mortgage.
The mortgage company have 2 people named on the mortgage and the property is in negative equity so please speak to them first and give your EX nothing

Dolly-Rocket

I have a telephone interview with the mortgage company tomorrow. If that is successful then we proceed with the application which is where I need his signature.
I only work part time now so I'm not even sure if they'll say yes.
They didn't mention that he couldn't come off deeds because of negative equity on the two instances I've called them :-0
I feel he's 'Lording' it over me. He keeps saying "my house" and has let himself in with his old key many times. He's opened my mail, snooped around etc. I have a new boyfriend and he's not allowed to set foot in "his house". I feel like a prisoner. But I pay everything and maintain it!

Thrugelmir

Dolly-Rocket wrote: »

I have a telephone interview with the mortgage company tomorrow. If that is successful then we proceed with the application which is where I need his signature.
I only work part time now so I'm not even sure if they'll say yes.
They didn't mention that he couldn't come off deeds because of negative equity on the two instances I've called them :-0
I feel he's 'Lording' it over me. He keeps saying "my house" and has let himself in with his old key many times. He's opened my mail, snooped around etc. I have a new boyfriend and he's not allowed to set foot in "his house". I feel like a prisoner. But I pay everything and maintain it!

Your ex will need to stay on the deeds.

Change the locks.

Your solicitor will give you the advice you require.

Dolly-Rocket

Thank you. So I'm right in thinking that if a house is in negative equity then the deeds can't be changed?

dimbo61

Change the locks and get your solictor to write him a letter to stop him trying to get into the house.
Call the police if he enters the house ( he will be arrested)
As you are paying the bills and IO mortgage payments what can he do if you bring your boyfriend home every night !!!! just dont move him in or you lose benefits
Dont allow him to bully you or the kids.
He wont be allowed to kick you and his kids out of the house by the courts as this would make them homeless even if there was equity in the property
Tell him to take a running jump and get on with your life ( divorce him )

Dolly-Rocket

Just a thought (perhaps a dodgy one) but do they ask for valuations on deed transfers? If not then how will they know it's in negative equity?!?!
(clutching at straws!)

Dolly-Rocket

Thank you Dimbo61
He says that as long as he's the owner he make decisions re the house. That he can move in tomorrow if needs be! I've been believing everything he tells me.

Thrugelmir

Dolly-Rocket wrote: »

Thank you. So I'm right in thinking that if a house is in negative equity then the deeds can't be changed?

Without pre-empting your solicitor.

The court may well order a transfer of equity to yourself. However the mortgage will remain in joint names. Unless you and your boyfriend are in a position to take out a new mortgage in your own right.

As the lender will still require the security of your ex on the mortgage. Should you default on the mortgage payments at a later date.

The primary interest of the court will be the welfare of the children. So remaining in the family home is a preferred option.

Dolly-Rocket

Soooo if the house were in positive equity this could be done?
My nana just passed away but has left me a share of her house (about £35k). If I paid say £10k off the mortgage or more would it then be considered?