Refusal to take name off mortgage, is this legal?

Want_to_learn_2

Hi,
My partner has discovered that her ex has her name attached to the mortgage on the house that they shared until 2 years ago. She wants this removed (obviously), but he is refusing. Can anyone tell us where we stand legally on this in regard to forcing him or the lender to recognise her status and removing her name from it

Thanks

R_P_W

i don't think it is that straightforward? Is she not jointly liable for the mortgage?

Credit-Crunched

As he is jointly and severally liable for the mortgage debt, then he has a full right to remain on the title deeds.

The only way out of this is for the partner to 'buy out' his share of the property, even if in negative equity a tangible figure can be agreed.

Sadly she has no legal rights to force him off.

Want_to_learn_2

This is going to sound strange, but until she did a credit check recently, she did not even know she was on the mortgage. We do not know how it was acheived in the first instance.
Can you explain what you mean by being jointly liable please?
We do not know what the next step should be, the lender did not sound very helpful when contacted by telephone

antrobus

Want_to_learn wrote: »

Hi,
My partner has discovered that her ex has her name attached to the mortgage on the house that they shared until 2 years ago....

How much is the house worth, and how much is outstanding on the mortgage?

Want_to_learn wrote: »

She wants this removed (obviously), but he is refusing.

Depending on the answer to the question asked, the ex may well be very obviously refusing to relinquish any claim over a valuable asset. (Assuming, that is, that being a party to the mortgage means that the ex also has their name down as owner of the property.)

Want_to_learn wrote: »

...
Can anyone tell us where we stand legally on this in regard to forcing him or the lender to recognise her status and removing her name from it...

You can't force the lender to do anything. Neither can you force the ex to do much either. You're going to have to negotiate.

antrobus

Want_to_learn wrote: »

This is going to sound strange, but until she did a credit check recently, she did not even know she was on the mortgage. We do not know how it was acheived in the first instance.
Can you explain what you mean by being jointly liable please?
We do not know what the next step should be, the lender did not sound very helpful when contacted by telephone

I see. Your OP was unclear. The ex lives in the house, but your current partner has just discovered she is named on the mortgage.
You could check the Land Registry to see whether current partner is named as an owner.

Jointly liable means your current partner has the same liability to repay the mortage as her ex. The lender won't be of any help; they have no control over their customers love lives.

bryanb

Want_to_learn wrote: »

she did not even know she was on the mortgage.

A mortgage is a loan agreement. Either she signed it or someone forged her signature.

maninthestreet

So the OP is saying their current partner has had her name added to the mortgage for the property she used to live in, and this happened without her agreement or knowledge?

Goldiegirl

Want_to_learn wrote: »

Can you explain what you mean by being jointly liable please?

It means that both mortgage holders are equally responsible for mortgage payments. If mortgage payments stop, the lender will take all parties to the mortgage to court for a repossession order.

In order to be removed from the mortgage and the title to the property your partner would need to apply for a Transfer of Mortgaged Property, to transfer everything to the name of the ex. The ex has to agree to this, and sign all the forms. The lender would then underwrite the application to see if the person left could afford the mortgage by themseleves. The lender is under no obligation to agree to the Transfer.

The lender probably didn't sound very helpful on the phone, because they will not get involved in disputes between mortgage holders

getmore4less

bryanb wrote: »

A mortgage is a loan agreement. Either she signed it or someone forged her signature.

This is the key, either she has a bad memory forgetting she agrreed to this or signed something without realizing what it was for or there there might be mortgage fraud going on or...

bryanb

maninthestreet wrote: »

So the OP is saying their current partner has had her name added to the mortgage for the property she used to live in, and this happened without her agreement or knowledge?

NO, the ex partner.