Ex can't/won't take me off the mortgage

viviana

The monthly payment at the moment [it's a tracker mortgage] on the existing mortgage is 1400, which my ex pays together with his new partner. I guess my husband and I would be looking to borrow as much as we could!! But we'd need at least 150k, I think. I know it's all estimates, but what do you t think?

betmunch

I'd say that is definately worth an hour or so to do a full fact find. The fact its on a cheap tracker is what makes this a deal worth fighting for

Making a lot of assumptions (and I mean a lot) and also not having checked the rules on maternity pay with the lender I have in mind I can do it.

I would suggest before you start upsetting the applecart with the ex, get speaking to an Independent Mortgage Advisor.

A full fact find may reveal another reason why it cant be done, but based on what you have said and assuming everything else is in order then it can be done

antrobus

Thrugelmir wrote: »

I assumed that the arrangement was informal. Without documentation its hearsay.

I assumed that the arrangement was informal as well. But a statement by one of the parties as to the nature of this arrangement isn't hearsay, it's evidence.

viviana

I don't know if that makes a difference anyway. I've been advised by a solicitor that since it's a joint mortgage, I still own 50% of the property, irrespective of the fact that I haven't been paying the mortgage and have had my share of the deposit back [I paid for all the furnishings but just allowed him to keep those]. What this means, apparently, is that the whole property would pass to me if he died [joint mortgage basically overrides who is named in the will and the house wouldn't form part of his estate]. It also means I am entitled to 50% of the proceeds from a sale. And it is cut and dried, apparently, that I would be granted an order for sale if it came to that. None of this could be contested because it's a joint mortgage. If we were tenants in common, I would still be entitled to a percentage of the proceeds, though a smaller one, and would still be able to force a sale, although in this case my ex would be able to pass on the property to someone else in the event of his death.
The solicitor in fact implied that my ex-partner was being very stupid in putting up so many barriers, because I am in a strong position and could demand a lot more than I am requesting. The fact is I would never pursue any money, and I think it is right and proper that his new partner or his son should inherit the property, not me. I'm asking for the bare minimum. Now I just need to work out how to convey it to him. At the moment I think he is completely unaware of his legal position and assumes that because he's been paying the mortgage, the house is basically his. I still want to be fair, and will give him time to sort everything out, of course. But it has heartened me to understand my position better. Thanks all for your help.

shop-to-drop

Just have him killed! Simples

Thrugelmir

antrobus wrote: »

But a statement by one of the parties as to the nature of this arrangement isn't hearsay, it's evidence.

There's nothing to prove it though. The other party merely has to disagree.

Thrugelmir

viviana wrote: »

Now I just need to work out how to convey it to him. At the moment I think he is completely unaware of his legal position and assumes that because he's been paying the mortgage, the house is basically his. I still want to be fair, and will give him time to sort everything out, of course.

Tell him you have sought professional opinion. Suggest politely that he does likewise. Give him a reasonable period to do so. If there's no response then take action. He'll only have himself to blame.

Mark148

I think you have been more than fair and as for everyone else, when a relationship ends then certain ties which stop us progressing in life have to at some stage be cut away. This is such a tie with the house in question. If your ex hasn't shaped his post break-up course to be able to achieve this then that is his making, he has had ample time and opportunity to do so.

In your position I would email him a link to this thread so that he can read and hear a balanced viewpoint from many posters. If he then fails to acknowledge or defers from any required actions to resolve this amicably then it would have to be resolved through other appropriate channels.

Good luck and please keep us all posted