Am I stuck unless I pay him for his signature?

Voyager2002

dimbo61 wrote: »

Do not use any of the money left to you by your Nan to pay off part of the mortgage ! He could be entitled to half the equity.
Stay where you are treat the property as if you were renting which at £240 a month is cheap and build up savings in a seperate account perhaps in your mum,s name!!

Very good advice.

Anyway, far from you paying your ex to remove him from the mortgage, it should be the other way round. Since you are in negative equity, there is a debt for which he and you are liable. By removing him from the mortgage, you would be taking on his share of the debt and so it would be reasonable for him to pay you a substantial amount of money to do so!

It sounds as if what you want is simply the right to live in privacy in your own home without him turning up and making you uncomfortable. You have that right anyway: you could probably persuade a court to grant an injunction forbidding him from coming close to your house, and if he still turned up it would be a police matter. your local Women's Aid could probably advise you on this.

mrs_mum_3

In the meantime - chuck him to the CSA - even if it is only an extra £7 weekly they can make his life hell
Do not pay him a penny
Put any spare money you have in an account he knows nothing about
What about the children - seems he has little interest in their overall welfare

Gorgeous_George

If he refuses to sign you cannot force him. A Court would also be unable to force him to sign.

I have a friend who owned a flat with her bf. When they split up the only option to get rid of the flat was to have it repossessed as he refused to talk to her or to sign anything. Ridiculous situation and I hope you fare much better.

The important thing is your security. Seek legal advice about restraining orders and change the locks.

I fear that he could move back in and there would be little that you could do so long as he didn't commit any crimes against you.

What did your solicitor say?

GG

Husband_of_a_spendaholic

Your solicitors advice is key here.

First deal with the property ownership issue through the courts. The court can order the transfer of the property deeds into your sole name. Once that is completed, you should then be safe paying some money off the mortgage as your husband will have no claim on the Equity. You can then talk to Mortgage Express about a Transfer of Equity which will transfer the mortgage into your sole name, subject to meeting their underwriting criteria.

Please note, unfortunately you will need you ex-husband's co-operation in order to transfer his name off the mortgage.

If re-payments are difficult, Mortgage Express has a mortgage review service which you can read about on their website. What the website doesn't state however, is that after carrying out a review, they can offer you a preferential rate if you meet certain critera. Their objectives are all about protecting the taxpayer's investment in Bradford & Bingley (MEs parent company) and stopping people going into arrears is a major driver in achieving that objective.

Good luck.