Remove name from mortgage

Savage80_2

Help!

We need some advice, when my partner was still married with his ex wife he helped his mother in law out so she didn't loose her home. He went onto her mortgage as a named person. 2 years ago he divorced his wife. The divorce has been finalised and he has money back from their house. So all done and completed.

However we are now looking into buying a house together but we can't as he is still on the ex mother in laws mortgage. We need to get him off this, but we know his ex cannot afford to put money into her mothers house to take over from my partner.

Is the only option to take her to court to force a sale? We can do this but what if they put people off and it doesn't sell? Where do we stand I'm not sure where to go with this.

DVardysShadow

Off the top of my head, I would suggest [jointly?] writing a polite letter to ex-MiL outlining that the mortgage arrangement is preventing you getting on with your lives and stating that this has to be resolved within a year. Keep a copy

This will give her time to make decisions and will also show to a court [if it ever needs to go there] that you have been reasonable. The letter should be reasonably short, not go into he said she said, but lay out the situation clearly enough that a judge would grasp the essentials immediately if it had to go to court.

TonyMMM

Has he ever made any payments towards the mortgage or does he have, or claim to have, any other financial interest in the property (did he put in any deposit etc.) ?

Savage80_2

My Partner has never made any payments to mortgage, he basically was a gurantor. To enable MIL to keep her home when her husband left.

My partner does not want any money from her just his name off.

So in my eyes fairly simple but in the legal eyes is seems a really hard thing to do.

DVardysShadow

Savage80 wrote: »

My Partner has never made any payments to mortgage, he basically was a gurantor. To enable MIL to keep her home when her husband left.

My partner does not want any money from her just his name off.

So in my eyes fairly simple but in the legal eyes is seems a really hard thing to do.

Is he actually on the deeds of the property as a co owner or is he just on the mortgage as a guarantor?

Savage80_2

Ah not sure I will check when home with him this evening. Does this make a difference? Sorry for my ignorance!!!

DVardysShadow

Savage80 wrote: »

Ah not sure I will check when home with him this evening. Does this make a difference? Sorry for my ignorance!!!

Yes, I think it will make a big difference. Essentially if he is on the title deeds, he has the leverage of forcing a sale. If he is only on the mortgage deed as a guarantor, it will be far more difficult to get his name off - there is no set procedure for doing this and a deed is strongly binding. He might still be able to force a sale through the courts but the grounds for doing this would be much weaker

Savage80_2

just checked with him and he is only on the mortgage

ILW

Problem is that it is not in the lenders interest to release a guarantor from the contract.

Savage80_2

Its sounding like the onluoption is to take her to court to force a sale?

Last he heard was his ex would go on the mortgage so he can be removed but we believe she cannot afford to do so.

DVardysShadow

Savage80 wrote: »

Its sounding like the onluoption is to take her to court to force a sale?

Last he heard was his ex would go on the mortgage so he can be removed but we believe she cannot afford to do so.

Start by sending a letter as I suggested in post #2. Accept that this will take a long time to sort out..