Mortgage advice removing ex please

Adviceplease1

Hi, my boyfriend broke up with his ex gf years ago. They'd bought a house together. She's been saying for months that she'll take his name off things but hasn't. She is claiming benefits illegally.

What can we do? Can my BF just go to the bank and say "I want my name removed" or would the house have to be sold? What if she refuses?

What can we do if she continues to be difficult? What can my BF do on his own without her consent?

Any advice gratefully appreciated.

kingstreet

This is not an easy thing to extricate oneself from. You can't simply request to be removed. The party remaining has to be checked to ensure they can afford the commitment alone. In the circumstances described, this is plainly not going to be the case.

He won't be removed from the mortgage, the lease or the shared ownership. The lender and HA would be mental to remove one of the mortgagors in such circumstances. They have two people to pursue for any arrears and the actual mortgage repayment, why would they increase the risk?

He would need to seek legal advice about the power to sell the property to end the financial connection.

shop-to-drop

She is telling the truth, it is very likely that her mother and her are unable to get a mortgage. Your boyfriend will not just be able to get his name taken off the mortgage, they are a long term agreement. The property will probably need to be sold. Not sure the best way to get this done as she may not agree to it. Hopefully someone will be along who can give advice. Don't think it will be very easy though.

Adviceplease1

Thanks very much for the swift replies. Since she can't afford the mortgage by herself, does this mean the only course of action is to sell the property? If she won't sell it does that mean the only option to sever the financial connection is to force her to sell it via a solicitor?

Really appreciate everyone's help.

kingstreet

Yes.

Yes. This needs a court order.

Your boyfriend would be unaffected, as far as I can think. She is responsible singly for any benefit claims she makes.

Adviceplease1

Thanks very much Kingstreet. Not good news but I'm sure your info is accurate.

kingstreet

If she was convicted of benefit fraud, she would face imprisonment and/or a fine and would be required to pay back the money. A jointly owned property could not be taken in lieu of payment.

The mortgage is a joint and several liability. Your boyfriend remains responsible for the payments, as if he lived there. If the mortgage goes unpaid, he will suffer equally with a poor credit record, yes.

I was suggesting he was unaffected by a claim of benefit fraud in post #5. I was not suggesting he would be unaffected by payment arrears as that had not been mentioned at that time.