Removing Party from Mortgage

Just_Peachy

Hi,

I'm looking for some advice, bit of a long story so apologies in advance.

I took out a 100% mortgage with Northern Rock for £104,000 six years ago (Sept 2005) with my ex partner. The mortgage and property is in both our names, no deposit was put down. We have since split up on bad terms and she moved out of the property in July 2008 (I do have proof of this as she signed and dated a council tax form so that I could get single occupancy). While living in the property she did not purchase any of the furniture at all (my parents paid for it all) and she did not contribute at all to any decorating/ upgrading of the property.

I would like to have her removed from the mortgage and have been asking her to do this for two years, but everytime there is an argument or an issue with regards to how much money she wants form me to do this. The property was valued in April 2010 at £90,000 and the mortgage was then at £101,000 after explaining this to her and still asking her to remove her name even though it was in negative equity, she would still not do it unless I gave her £3k and said she would rather sell it and get into debt rather than take her name off without me paying her (and various other things along the same line). Then in July this year she contacted me and asked if I would get her name off and if I could do it asap, we agreed that I would pay the mortgage and solicitors fees (around £800) and also give her a payment of £500. This was the first time that she had ever seemed reasonable so I got the ball rolling, since then she has gone back to her usual self and decided that she wants a payment of £750, I agreed to this and I have since been approved to have the mortgage in my name and the paperwork has now been sent to her from the solicitors for her to sign, but she is now refusing to sign and I do not know what to do. I am going to get charged by both the mortgage company (for making the application) and also the solicitors for the work they have done so far.

This really is frustrating and I'm not sure where to go from here, I have asked her if she is going to sign and she has said no as she has been informed that the sum of £750 is 'ludicrous', every single time within the last two years that I have 'discussed' this with her she tells me her solicitor has told her this, that etc yet I have never heard from this solicitor and she has never provided me contact details for this solicitor and basically I doubt very much she has every sought legal advice regarding the matter as she doesn't seem to have a clue what she is talking about.

In the last year, I have spent alot of money doing the house up as it was literally falling down around me (think holes in the ceiling etc) I have had a new kitchen and bathroom fitted and have had most of the place re- plastered and other decorating work carried out (I have receipts for all work showing dates so it is clear she did not live there when work was done), which will have put up the value of the house. Going on similar houses in the area, I think it would now be worth £95 - £100,000 and the mortgage is now at £99,500. Obviously I have paid all the mortgage and all the bills since she moved out and even when she did live there the mortgage payments always came from my bank. I am not sure what to do about the situation, I just want her removed from the property, this has been going on for so long now i would like an end to it. Is the offer of £750 unreasonable? She is saying that she will force a sale- can this be done? and is there any way at all that I can have her removed from the house without her agreeing to it? She has not lived there for over 3 years, I am worried about what is going to happen to my home.

Without going into too much detail, she is a very difficult person and very unapproachable she will always rake up things that happened when we were together, I only want to talk about removing her name yet an argument is always started, we have been split up for over three years and I am not interested in discussing our past relationship I just want her off my house! She is not interested in me but it does feel like she wants to punish me for our past relationship, she has even said things such as 'I would rather you lose the house than take my name off' and that she is happy to get into debt as long as I lose the house and that the house is her investment (although she put no money into it and moved out 3 years ago). Then, a few months later she will contact me again asking to have her name removed and the cycle starts again, but this time it's the furthest along its ever got and I won't be able to apply do it all again as I cannot afford to.

I hope it all makes sense and sorry for rambling...

opinions4u

Just_Peachy wrote: »

Hi,

I'm looking for some advice, bit of a long story so apologies in advance.

I took out a 100% mortgage with Northern Rock for £104,000 six years ago (Sept 2005) with my ex partner. The mortgage and property is in both our names, no deposit was put down. We have since split up on bad terms and she moved out of the property in July 2008 (I do have proof of this as she signed and dated a council tax form so that I could get single occupancy). While living in the property she did not purchase any of the furniture at all (my parents paid for it all) and she did not contribute at all to any decorating/ upgrading of the property.

I would like to have her removed from the mortgage and have been asking her to do this for two years, but everytime there is an argument or an issue with regards to how much money she wants form me to do this. The property was valued in April 2010 at £90,000 and the mortgage was then at £101,000 after explaining this to her and still asking her to remove her name even though it was in negative equity, she would still not do it unless I gave her £3k and said she would rather sell it and get into debt rather than take her name off without me paying her (and various other things along the same line). Then in July this year she contacted me and asked if I would get her name off and if I could do it asap, we agreed that I would pay the mortgage and solicitors fees (around £800) and also give her a payment of £500. This was the first time that she had ever seemed reasonable so I got the ball rolling, since then she has gone back to her usual self and decided that she wants a payment of £750, I agreed to this and I have since been approved to have the mortgage in my name and the paperwork has now been sent to her from the solicitors for her to sign, but she is now refusing to sign and I do not know what to do. I am going to get charged by both the mortgage company (for making the application) and also the solicitors for the work they have done so far.

This really is frustrating and I'm not sure where to go from here, I have asked her if she is going to sign and she has said no as she has been informed that the sum of £750 is 'ludicrous', every single time within the last two years that I have 'discussed' this with her she tells me her solicitor has told her this, that etc yet I have never heard from this solicitor and she has never provided me contact details for this solicitor and basically I doubt very much she has every sought legal advice regarding the matter as she doesn't seem to have a clue what she is talking about.

In the last year, I have spent alot of money doing the house up as it was literally falling down around me (think holes in the ceiling etc) I have had a new kitchen and bathroom fitted and have had most of the place re- plastered and other decorating work carried out (I have receipts for all work showing dates so it is clear she did not live there when work was done), which will have put up the value of the house. Going on similar houses in the area, I think it would now be worth £95 - £100,000 and the mortgage is now at £99,500. Obviously I have paid all the mortgage and all the bills since she moved out and even when she did live there the mortgage payments always came from my bank. I am not sure what to do about the situation, I just want her removed from the property, this has been going on for so long now i would like an end to it. Is the offer of £750 unreasonable? She is saying that she will force a sale- can this be done? and is there any way at all that I can have her removed from the house without her agreeing to it? She has not lived there for over 3 years, I am worried about what is going to happen to my home.

Without going into too much detail, she is a very difficult person and very unapproachable she will always rake up things that happened when we were together, I only want to talk about removing her name yet an argument is always started, we have been split up for over three years and I am not interested in discussing our past relationship I just want her off my house! She is not interested in me but it does feel like she wants to punish me for our past relationship, she has even said things such as 'I would rather you lose the house than take my name off' and that she is happy to get into debt as long as I lose the house and that the house is her investment (although she put no money into it and moved out 3 years ago). Then, a few months later she will contact me again asking to have her name removed and the cycle starts again, but this time it's the furthest along its ever got and I won't be able to apply do it all again as I cannot afford to.

I hope it all makes sense and sorry for rambling...

Please can you reformat with font size 2.

Just_Peachy

opinions4u wrote: »

Please can you reformat with font size 2.

Done (I think!)

Thrugelmir

Ask you solicitor to write a letter making the offer to buy her out. If not, the matter will be taken to court and a sale forced.

Bluff of course. Though may focus her attention.

Just_Peachy

Thrugelmir wrote: »

Ask you solicitor to write a letter making the offer to buy her out. If not, the matter will be taken to court and a sale forced.

Bluff of course. Though may focus her attention.

What happens if she ignores the letter, which i fully expect her do to?

I think I should just speak to my solicitor as it's all a bit long winded and a complete nightmare if I am honest. I am just very concernced about solicitors charges

opinions4u

I think you have little choice but to involve a solicitor. A big bill might not be nice but if it achieves the desired result life should become easier.

A complete break would probably be good for both of you.

Personally, as I see it, if you're in negative equity and somebody is being released from the liability the starting point is how much they should have to pay towards the debt; not how much you should be paying to get rid of them.

If she has "reasonable" parents perhaps it may be worth making an awkward contact with them to see if they can help her sort her head out.

Just_Peachy

opinions4u wrote: »

I think you have little choice but to involve a solicitor. A big bill might not be nice but if it achieves the desired result life should become easier.

A complete break would probably be good for both of you.

Personally, as I see it, if you're in negative equity and somebody is being released from the liability the starting point is how much they should have to pay towards the debt; not how much you should be paying to get rid of them.

If she has "reasonable" parents perhaps it may be worth making an awkward contact with them to see if they can help her sort her head out.

Thanks for the advice, I do already have a solicitor who is dealing with the removal of her name, but I know he is not an expert in disputes, just basic conveyancing. But I'm sure he can point me in the right direction, I don't mind paying the fees as I was going to give her £750 anyway and I would much rather it go to a solicitor than to her, just so she can see that I haven't been lying about the whole process and that she is not entitled to anything.

I cannot talk to he parents, as although they are reasonable, my ex would go absolutely mental if I spoke to her parents about this (no reason why - this is just how she is.) She would dig her heels in even more. Like I said there is no talking to her, so I think solicitor is the best choice.

And I very much agree that I should not be paying her off to do this when the house is in negative equity, but I tbh I just want a quiet life and one that does not involve her. I just cannot understand why she is so convinced that she is entitled to something from the house :mad:

Thanks again

RenovationMan

If I was in your position and the house was in negative equity, then I would put the house up for sale and you can both share the loss. You need a clean break and get away from her being able to control your life like this.

TBH I don't know why you are talking to her directly anymore as it seems plain that she is simply enjoying the attention and enjoying manipulating you. Stop contacting her and instead go through the solicitor.

The thought of ending up in debt once the house sale has gone through might be enough to get her to sign off on the house, but to be honest I'd be looking to sell up anyway and walk away from the whole mess. I'd rent for a while and save up a deposit for my own home.