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Mortgage with X Partner

Hi all!!! Second Money matter question of the evening :-)
I bought a house with the ex boyfriend 4 years ago, we had only been in the house 6 month when i left, so I have not contributed since October 2010. I walked away, told him that he could have everything, down to my actual belongings because I never wanted to go back. He has refused to even consider taking me off, because he said he had 'control' while ever my name was on.. He wasnt kidding!! Ive not been able to get on with any housing association, buy another property and be rehoused by the council! He now has a new girlfriend and I am with someone else, yet he still refused. I am now paying a soliciotor to deal with this, because I cant move on until this is sorted, she has given him anumber of options and he had just been spinning a tale for about 6 weeks now. He came round last week when he found out I was getting married next year (partly because the thought of my other half owning half that house would of quite possibly tipped him over the edge) and told my solicitor that a tr1 form was coming out and the remortgage was being put in place. I went to the bank to see where this tr1 form was going, and they didnt have a clue what was going on!! I have been informed that he is broke, he has a step family now, the house we bought is empty and he lives with his new girlfriend and her children and the business isnt going so well, im not sure how true this is but this is all ive got to go by. Everytime I try and speak to him about this, he goes through his girlfriend which is ridiculous because she hasnt got a clue, I havent got a clue and its my house!! I just need someone to clear up what the procedure is and if he cant take my name off, how about taking his name off. I just wanted closure on this, and this tie to be broken. I want to be able to set up home for me and my other half. Any advice will be brilliant. Thanks

Comments

  • Upsidedown_Bear
    Upsidedown_Bear Posts: 18,264 Forumite
    10,000 Posts Combo Breaker
    A TR1 form is from the Land Registry to transfer ownership of a registered property.

    http://www.landregistry.gov.uk/public/forms/completing-form-tr1
  • lonestarfan
    lonestarfan Posts: 1,232 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 27 May 2013 at 9:39PM
    Who is named on the mortgage? You and him or just him?
    How much is the house worth
    How much is outstanding on the mortgage
    Is the mortgage in arrears or up to date.
    Do you have any children - how many and what age
    I think others will be along to help if you give some of this info.
    Best wishes x
  • Xbox_Widow
    Xbox_Widow Posts: 6 Forumite
    There are no children, just me and him. It is in £2000 low equity, and last I checked it was down to £106000 from £109000. If Im honest, I dont overly understand it, I dont really know what the procedure of all this is.
  • kingstreet
    kingstreet Posts: 39,315 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Someone needs to take control, otherwise this is never going to be resolved.

    You can have one of you removed from the mortgage and ownership but only if the one remaining can prove they have sufficient income to justify the mortgage in the future.

    Once the lender agrees, the matter is passed to a solicitor for the legal work to be done. This is a transfer of equity and it typically costs £400 to £600 in total.

    The other option is to sell the property. If you feel it may sell for less than the outstanding mortgage, you'll need the lender's approval to sell at that price and an agreement as to how the shortfall will be repaid after completion.

    Finally, if he won't co-operate, your only other option is a court order to force him to sell, then you're back to the last paragraph about selling with a defecit.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • Xbox_Widow
    Xbox_Widow Posts: 6 Forumite
    Thank you for your replies. I have been informed that the tr1 is going to my solicitor and he now has a mortgage in lace, does anyone know the procedure and time spam from here?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Xbox_Widow wrote: »
    Thank you for your replies. I have been informed that the tr1 is going to my solicitor and he now has a mortgage in lace, does anyone know the procedure and time spam from here?

    If this is the case, allowing for postal services, a matter of a couple of weeks.
  • Xbox_Widow
    Xbox_Widow Posts: 6 Forumite
    Thanks! I so hope this is the case! Thanks all!
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