Getting partners ex off the mortgage?

Kimmyjane

Hi, my fianc! and I live in together in the house he bought 4 years ago with his ex, owned 80% by my fianc! and 20% is hers. The house is in negative equity and she didn't put anything into the deposit or ever made any mortgage payments. I have a child who lives with us, my fianc! has child with the ex partner and we also have a child on the way. He recently went self employed and I work part time so we cannot remortgage at present to get the ex off the mortgage. She is threatening a court order of sale, if we don't remortgage. We are saving like mad and should be able to in our 5 year plan. Where do we stand? Can she force a sale?

sammyjammy

Yes she can attempt to force a sale but it will cost her a whole lot of money, if the house is in negative equity what does she hope to achieve? Does your partner earn enough to take over the mortgage in his name alone? Could you offer her a small lump sum to take her name off the mortgage?

Sorry just reread your post, if he has only just recently gone self employed then its highly unlikely they will allow her name to be removed.

Kimmyjane

Think she is just jealous and spitefull to be honest, we are working to a 5 year plan of saving to then remortgage with a large deposit. she lives in army accomadation so this doesn't affect her housing situation. Can a court order the name change on the mortgage?

ValHaller

Kimmyjane wrote: »

Think she is just jealous and spitefull to be honest, we are working to a 5 year plan of saving to then remortgage with a large deposit. she lives in army accomadation so this doesn't affect her housing situation. Can a court order the name change on the mortgage?

The spite and jealousy accusation may be a trifle unfair.She wants to get on with her life and perhaps have a mortgage of her own, so it is not unreasonable for her to want this sorted out.

A court would not order a change of name on a mortgage, since this would affect the rights of the lender, who will not be represented in court on this matter. For similar reasons, a lender could prevent a negative equity sale, even if a court ordered a sale.

In response to her, I suppose you could tell her how much is needed to be able to remortgage and ask her to chip in ..... I don't suppose she will like it.

Caz3121

I was the ex in a similar situation

I moved out into rented and did not care a jot about the house....what I did care about was the fact that I was wholly responsible for the mortgage. If ex did not pay it, it would affect my credit rating (and he knew I would not want this) so for over a year I paid my rent and the full mortgage (he made no attempt to pay it)

Despite speaking to the mortgage lender there was nothing they could do to help

All I was interested was getting my name off the property and moving on with my life without this hanging over me for years to come so I started proceedings to force the sale. Ex magically was able to come up with a huge mortgage (very dodgy as a week before he had been claiming income support!) and I managed to get my name off the house

It was not spiteful in any way, I just wanted to move on with my life

Kimmyjane

Caz3121 wrote: »

I was the ex in a similar situation

I moved out into rented and did not care a jot about the house....what I did care about was the fact that I was wholly responsible for the mortgage. If ex did not pay it, it would affect my credit rating (and he knew I would not want this) so for over a year I paid my rent and the full mortgage (he made no attempt to pay it)

Despite speaking to the mortgage lender there was nothing they could do to help

All I was interested was getting my name off the property and moving on with my life without this hanging over me for years to come so I started proceedings to force the sale. Ex magically was able to come up with a huge mortgage (very dodgy as a week before he had been claiming income support!) and I managed to get my name off the house

It was not spiteful in any way, I just wanted to move on with my life

We want nothing more than to get her off the mortgage but just seem to be stuck btwn a rock and hard place as if we sell the house we are homeless as we cannot get a new mortgage hence why we are searching for another solution, there must be a lot of other people this has happened to.

My fianc! has never missed a payment and has never had a contribution from the ex, also there are children involved which I have been lead to believe would prevent her from forcing a sale?

Caz3121

I guess all you can do is explain to her that as the property is in negative equity and you are not in a current position to transfer the mortgage the only option would be to sell where she would be liable for costs and a share of the negative equity.

Alternatively you could agree to have a legal agreement drawn up to say that you will take over the mortgage and release her by x date and if you are unable to do this then you will sell up. she may agree to this given that the property may also be out of negative equity by then.