Getting Of My Ex's Mortgage

Mrknowitall54321

Hi everyone,

My girlfriend separated from her ex a few years ago but unfortunately she he still on the mortgage that she set up with him in 2008.

(He lives in the house with his new partner. My girlfriend except for having her name on the mortgage has nothing to do with him or the property)

We are looking to buy a new home together but she needs to be off the mortgage she had with her ex first. We are getting close to signing contracts and time is getting short.

Here's the difficult part, her ex is been very laid back about the whole situation simply due to fact it doesn't really benefit him yet he knows we are desperate. He said "he'll phone them when he's ready".

Its starting to feel as though we will loose the house we want if he "can't be bothered". We've even offered to pay all the fee's but he's still not helpful.

Does anyone know if we can do anything? This must happen to more than just us?

Hopefully someone may be able to help.

Thanks,

opinions4u

You need all 3 parties (borrower A, borrower B and lender) to agree to the transaction.

Until you reach that point, you're stuffed.

By all means take legal advice, but I don't think it will get you far.

By the way, if the property's in negative equity he could reasonably ask for half the amount. Perhaps promising to cross his palm with silver, after the change of ownership completes, might be the solution.

Mrknowitall54321

opinions4u wrote: »

You need all 3 parties (borrower A, borrower B and lender) to agree to the transaction.

Until you reach that point, you're stuffed.

By all means take legal advice, but I don't think it will get you far.

By the way, if the property's in negative equity he could reasonably ask for half the amount. Perhaps promising to cross his palm with silver, after the change of ownership completes, might be the solution.

If he asked for halve of the equity then would my girlfriend be within her rights to change her mind and say she wants to stay on the mortgage and request to sell the the property thus the negative equity would be shared?

Further to this is there anything to stop my girlfriend demanding to enter that property or just turning up and walking in?

opinions4u

Mrknowitall54321 wrote: »

If he asked for halve of the equity then would my girlfriend be within her rights to change her mind and say she wants to stay on the mortgage and request to sell the the property thus the negative equity would be shared?

Again, this is something for both parties to agree on. Personally I don't see how she would benefit. She'd still have half the bill and it could take forever to get the sale.

If your exchanging contracts is dependent on something happening fast how will this help?

Further to this is there anything to stop my girlfriend demanding to enter that property or just turning up and walking in?

Probably not, but it would be poor form to say the least. I'd suggest getting legal advice on the matter.

If she's not been contributing to the mortgage costs, he could get arsey about it and request that she pays something towards a debt that she has a joint liability for.

Much better not to take entrenched or awkward positions or a stalemate could go on for years.

Mrknowitall54321

Hi, thanks for your replies. Its difficult not to get frustrated the actions I mentioned above are probably not something we would try. We are going to speak to the citizens advice bureau tomorrow. Never dealt with them before so I hope they are helpful.

Cheers Again,

CJ2012_2

Im in the same situation but I am the one living in the house i bought with my ex. About 12months ago we attempted to get his name off the mortgage after many discussions with solicitors and financial advisors as well as contacting our mortgage lender the only conclusion to solve the issue was that I would have to get a mortgage in my own name (ie i would have to buy the house again only this time on my own) I was told there was no legal way of removing his name from the mortgage!!! Hope this helps!!

Thrugelmir

Mrknowitall54321 wrote: »

Hi, thanks for your replies. Its difficult not to get frustrated the actions I mentioned above are probably not something we would try. We are going to speak to the citizens advice bureau tomorrow. Never dealt with them before so I hope they are helpful.

Cheers Again,

You would need to force a sale through the courts (at great cost). If the other party doesn't wish to co-operate.

The fact that your partner already has a mortgage will impact on her ability to obtain another one. As the liability will be factored in.

CJ2012_2

Mrknowitall54321 let me know how you and your girlfriend get on as I have tried everything possible in my situation!!!!