Joint mortgage problem

callylj

I got a mortgage about 10 years ago and it was based on my wages so it was fine. At the time my now ex partner persuaded me to remortgage to get equity and because his salary was high they allowed us to almost take out an almost 100% remortgage, but it had to be in joint names. I've been paying the mortgage from the beginning and he hasn't paid a penny. He went bankrupt and left the country over 7 years ago and since then I've been stuck with his name on my mortgage and it's affecting my almost perfect credit score. He also refuses to sign paperwork and I don't have enough money to buy him out.
After redundancy, I am now in a lower paid job than I had before, but it's actually a higher wage than before I got the first mortgage.

I've been everywhere including the citizens advice bureau to see if they could help and they all say it's a more difficult case, seeing as he is not on the deeds. I'm starting to think I'm going to have to take the legal route.

Since I've been solely paying the mortgage and have only been late with one payment in 10 years, do you think the bank may allow me to take on the mortgage myself?
What would I need to do to get his name off?
Will I have to go through a solicitor?
Can I just remortgage to get his name off?

Any help will be greatly appreciated.
Thank you

kingstreet

Please confirm the mortgage is in joint names, but the ownership of the property is in your name alone?

callylj

Yes the deeds to the property and the land are in my name only. The mortgage is in joint names.

Thrugelmir

callylj wrote: »

Yes the deeds to the property and the land are in my name only. The mortgage is in joint names.

Consult a solicitor.

If you own the property. Then maybe there's a way round the issue. As appears to be nothing to stop you discharging the debt that's in joint names.

kingstreet

As far as I can see, it helps you that only the mortgage is in joint names.

That means you should be able to ask the current lender to take him off the current mortgage. This will depend on the lender's assessment of your ability to afford the mortgage alone.

You should be able to remortgage to a new lender, subject to status, loan to value etc., to repay the current mortgage.

Finally, if you wished to, you could sell the property and repay the mortgage.

What documentation have you asked him to sign and he's refused?

One final question. If he's named on the mortgage, but not on the deeds, what is the issue? He can't force you to sell, or make any claim on the equity, so what problems are being caused by the "status quo" being allowed to continue?

Linked names/association on credit searches, perhaps?

callylj

Thanks I thought it would be really difficult to do. I feel better knowing that he can't claim a penny on my property.

I've asked the current lender to take him off a couple of times, but at the time the financial crisis happened and no one was being helpful, also I was made redundant a year ago. So now I've got a new job which I started 2 months ago I'll try asking them again to see if I can get anywhere, as no one seems to want to take this on.

Basically he's refused to sign any paperwork I want him to, even if it's reasonable. And I don't have the original mortgage paperwork because I suspect he took it all when he left. But I have evidence the deeds are mine.

It's the being financially linked to him that's been causing me problems and the mortgage company keeps addressing letters to him. It has also affected me when I couldn't get any help with mortgage payments when I was unemployed and I only received half of my mortgage insurance because the insurance was linked to the mortgage. I'm worried that if I ever was to be unemployed again I'd have these same problems unless I get his name off.

Do I need the original paperwork to get this sorted?
So if I need to remortgage do I need to change mortgage lender or can I stick with my one l'm already with? Do you know if there will be any costs involved?

Thrugelmir

What paperwork have you requested him to sign previously ?

callylj

For other bills, like electricity, gas etc so I had to change companies and put everything in my name. I asked about future paperwork if he would sign any, he wasn't interested.

kingstreet

callylj wrote: »

Thanks I thought it would be really difficult to do. I feel better knowing that he can't claim a penny on my property.

I've asked the current lender to take him off a couple of times, but at the time the financial crisis happened and no one was being helpful, also I was made redundant a year ago. So now I've got a new job which I started 2 months ago I'll try asking them again to see if I can get anywhere, as no one seems to want to take this on.

Basically he's refused to sign any paperwork I want him to, even if it's reasonable. And I don't have the original mortgage paperwork because I suspect he took it all when he left. But I have evidence the deeds are mine.

It's the being financially linked to him that's been causing me problems and the mortgage company keeps addressing letters to him. It has also affected me when I couldn't get any help with mortgage payments when I was unemployed and I only received half of my mortgage insurance because the insurance was linked to the mortgage. I'm worried that if I ever was to be unemployed again I'd have these same problems unless I get his name off.

Do I need the original paperwork to get this sorted?
So if I need to remortgage do I need to change mortgage lender or can I stick with my one l'm already with? Do you know if there will be any costs involved?

Ask your current lender about having him removed again.

Look at potential remortgage options - that's going to a new lender and getting a new mortgage to replace the old one. Many lenders have fee-free products you can opt for, but if you have a bigger mortgage, it may be worth paying a fee to get a better rate.

You don't need the original documentation.