Ex Partners unsecured loan listed against joint mortgage

beeeeeeeeeee

Hello, please can anyone offer me advice on my situation.

I split with my partner for whom I have a joint mortgage agreement with. My ex has now left the country and has not paid towards the mortgage for over 2 years. He also has an unsecured loan in his sole name listed against the property for which he is now stopped paying. The loan company have recently sent letters through addressed to me saying thank you for agreeing to pay back the loan when I have not agreed to this, making me think my ex has contacted the loan company and told them I will be taking on the loan which is fraudulent. I am afraid that the loan company will persue me for the debt, can the loan company do this?

There is equity in the house of roughly 20K
My ex's loan has roughly 12k owing.

I would like his name removed from the mortgage and for me to take the mortgage on in my name only without being responsible for his loan.

I would gladly appreciate advice from anyone who has been in a similar situation.

Many thanks Beeeeeeeeee

Tiglath

If it's unsecured, how come it's listed against the property? Are you sure you don't mean a secured loan?

beeeeeeeeeee

hi it says unsecured in his name only...

TonyMMM

beeeeeeeeeee wrote: »

hi it says unsecured in his name only...

Then it is nothing to do with the property, and nor can it be transferred to you (unless it was taken out jointly ?).

Just give them whatever contact details you have for your ex (if any).

CLAPTON

it might be wise to check the land reigistry entry to see what is secured on the properrty

you can do it online for about a £5

gardenlady_2

Hi. Is this a charging order against the house? There would have to have been a county court judgement for this to be the case. Although if the loan is in his sole name you cannot have any liability for it, a charging order can be put on a jointly owned property. If there is a charging order then it would mean that when the property is sold the loan company has first dibs on his half of any profit you make. Not your half of the equity though

If he is willing to walk away from any equity in the house, it is possible to get his name off the deeds and mortgage. He has to sign some forms in the presence of a solicitor, which costs about £150. This would also depend on your sole income being able to support the mortgage- approach your current lender first. However, if there is a charging order then that makes things more complicated, as the loan company effectively owns some or all of his half of the equity.

Hope this helps and good luck. when you know more details it would be worth posting on the mortgages board.

jonesMUFCforever

I think garden lady has it.

To be enforceable it would have to go to court to see if it could be applied.

beeeeeeeeeee

Thanks guys. The ex looks like he has contacted the loan co to say I can pay it. (When I haven't) I've been advised to start paying it to avoid any charge on the house. I can't believe he can just walk away leaving me every penny to pay. He leaves a mobile phone no and an email address only. I have his parents address and a possible work address he moved to Australia quickly as he's dual passport with uk and Australia. Can he be traced easily?

beeeeeeeeeee

He also still runs a business in the uk would that have any bearing?

DCFC79

beeeeeeeeeee wrote: »

Thanks guys. The ex looks like he has contacted the loan co to say I can pay it. (When I haven't)

Surely this is easy to prove by asking them did they get confirmation of you agreeing to take on the payments eg you sign something to that effect.

gb12345

beeeeeeeeeee wrote: »

I've been advised to start paying it to avoid any charge on the house.

Advised by who?

You would be stupid paying for his debts if you don't have to.

You will not get a charging order on the property, take a read of the first post in this thread https://forums.moneysavingexpert.com/discussion/1839539, which explains the difference between a charging order and a restriction.