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I'm tied into a mortgage with my ex

I'm tied into a mortgage with my ex ( not married) the property is in the midlands an i left the relationship an property 4 years ago to live in Bournemouth but I'm still tied in to the mortgage. is there a way of getting myself off the mortgage, I've been happily married to my new partner for 2 yrs now an we wont to move on but we cant with this still over my head.....I've spent nearly £1000 with a solicitor an all they said was that i could force a sale but it could cost up to £6000 but there's not £6000 equity in the house and i like most people don't have that much money to throw at this.....help please

Comments

  • Ben_T_2
    Ben_T_2 Posts: 25 Forumite
    Hi,

    Sorry if I've totally read this wrong, but are you saying your still paying the mortage 4 years after leaving the house whilst your ex partner still lives there?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrmoo3869 wrote: »
    I've spent nearly £1000 with a solicitor an all they said was that i could force a sale but it could cost up to £6000 but there's not £6000 equity in the house and i like most people don't have that much money to throw at this.....help please

    If you wish to move on then this may be your only option.

    Harsh lesson that you'll just have to chalk up to life's experience.
  • Dave_Ham
    Dave_Ham Posts: 6,045 Forumite
    Tenth Anniversary Combo Breaker
    First step is to try talking to your Ex - I also wish you would have asked the question here first as you could have saved yourself a grand.

    Do you know what current situation your Ex is in?
    You may have to ask her about selling the property before you force the sale. Talk to her about your needs, costs to you both and the bigger picture being you will force it and you will both lose a fortune.

    Subject to deposit, income, employment there may still be solutions for you to buy a new property in sole or joint names?
    I am a Mortgage Broker
    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it.
    This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Wh05apk
    Wh05apk Posts: 2,938 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Why is everyone talking about a forced sale?

    Your ex may be able to take the mortgage over in her sole name subject to income etc, the negative equity won't help with some lenders though.
    I am a mortgage adviser.
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Caz3121
    Caz3121 Posts: 15,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I went through something similar (although there was more equity)

    I was not living in the property and wanted to be removed from the mortgage (I was still paying 100% of it as I knew for a fact my ex who was still living in the property would not pay 1p of it and I did not want my credit rating trashed)

    You are jointly liable for the payments, if your ex stops paying they can come after you.

    I started the ball rolling to force a sale and magically from being on benefits with no income and getting legal aid he suddenly had a great job and was able to take a mortgage on alone

    The decision on what happens to the property is really your ex's. If they want to stay there they need to find a way of doing it whether that means taking on a mortgage by themselves or finding someone else to take a joint mortgage with. If neither of these is possible then they may need to accept that a sale is the only way. If the property is in negative equity you will also need to agree to agree how you will both deal with that
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Wh05apk wrote: »
    Why is everyone talking about a forced sale?

    Your ex may be able to take the mortgage over in her sole name subject to income etc, the negative equity won't help with some lenders though.

    Game of bluff.

    At least start from the worst way scenario. Then anything else is better.

    In cases of a forced sale. The defending party does need to justify in court good reason. If not can be liable for all the costs of the case. (Judges dislike time wasters). So hopefully common sense will prevail.
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