Getting my name off a mortgage

dazrise3

Me and my ex partner still have a mortgage in joint names. She has been paying the mortgage for 2 years on her own but the lender is still saying she can't have a mortgage on her own.

I am now in a position where i want to buy a house with my new partner but my new partner isn't overly keen on trying to get a mortgage whilst i'm still named on the other mortgage (i agree with her)

Any tips on what to do would be a great help..:)

00ec25

if your ex cannot afford a mortgage in her own name then your current lender is not going to let you off joint liability even if your ex is the only one making payments

Alter_ego

If no children are involved perhaps you could force a sale of the mortgaged house.

dazrise3

Looked into a forced sale..

Can imagine that won't be cheap and long winded

TBagpuss

The only ways of getting your name off are with the mortgage lender's consent (have you asked the lender - how recently did your ex enquire?) or for the mortgage to be paid off - either by your ex remortgaging or by the house being sold and the mortgage paid off.

If there are no children, you can force a sale. The application would be under the Trust of Lands (And Appointment of Trustees) Act (ToLaTA) and provided that you took care to keep to all procedural rules including sending appropriate letters before action you could ultimately claim your costs as well as your share of the house, if your ex will not cooperate and you are forced to go to court.

If there are children it is more complicated as she could argue that the purpose for which you hold the house is to provide a family home - in that case, it would be up to the court to decide whether that was correct, and if so, they could potentially order that she was able to remain their until the children leave school. If that is the case, it would be worth your while to do a little research to work out whether downsizing is likely to be an option, as if you can show that she could downsize to a property suitable for her and the children and within her price range then a court may be more likely to see things your way.

Did you have any kind of formal agreement when you separated? I am assuming that you were not married. The process would be different if you are or were married.

Pixie5740

If you don't want the expense of going to court to force a sale then you and your new partner could move into the property and hope that your ex cracks and agrees to sell the property.

(Assuming that no children are involved.)

GDB2222

dazrise3 wrote: »

Looked into a forced sale..

Can imagine that won't be cheap and long winded

What makes you think that there is a cheap and easy solution? It is really just a matter of deciding whether to go ahead with a non-cheap and non-easy solution, or leaving the problem to fester.

And what exactly are you going to do differently this time round, with your new partner, so as to avoid the problem occurring again?