Cant remove ex partner off mortgage!

suicidebob

Lisab1986 wrote: »

..HUH Ive told him over my dead body!

Unfortunately that's not for you to decide.

At least one of you is being completely unreasonable.
I can quite understand why he does not want to cooperate.

Lisab1986

Thanks suicidebob.... i will try my all to make sure i keep the house for my daughters future .....my ex wants to sell the house but its not happening!

Nothing was written in agreement re the deposit KINGSTREET

kingstreet

In which case, the outcome is completely at the mercy of the courts.

The time of purchase was the point to determine who got what in the different scenarios, but if no Deed Of Trust was undertaken the gift from your relative is joint property.

Dave_Ham

Ok, I am going to try and remain objective here.

You have pretty much put your full name and year of birth as username, outlined you have a 3 year old and ex works as a bm for natwest so then not wanting to share necessary information seems naive.

I get why you cannot separate emotion from the practicalities, but you really do need to.

No one will force the sale with a 3 year old living with you, specifically whilst you stay on top of paying the mortgage promptly.

You need to sort this out now. Your parents gifted you and your ex the deposit. In the absence of formal paperwork, you own the property 50-50 and dead bodies or not he will get half the profit unless you act now.

Whether you share your income and mortgage or not, you need formal advice.

Forum members could probably have given more but given your motivation to want to rant and fail to disclose information, I imagine my post and the ones before are the most useful you will get

Maybe be worth coming back with a different user profile and bit more humility and may get more use from it

All the best

Annisele

If you haven't got a written agreement, you should consider taking advice before you pay a lump sum off your mortgage.

With no agreement, the default position on sale is that you each get half of the equity in the house (i.e. first the mortgage lender gets paid off, then you and your ex split the rest 50/50). If you pay a lump sum off the mortgage, the equity goes up - and so the amount due to your ex goes up too. So if your ex does think he'll get more the more you pay, he has a point.

Courts don't always award 50/50, but they need a pretty good reason not to.

Going to court won't get your ex removed from the mortgage. A joint mortgage is a debt with "joint and several" liability - meaning that both of you are responsible for the whole of the debt. There's no "his half" and "your half", there's just the one debt.

The reason people are asking for financial details is to guess whether you might be able to remortgage elsewhere. The fact your current lender won't lend to you in your sole name doesn't necessarily mean that nobody else will either.

Your ex might be able to force the sale of the property - and if he does that successfully, chances are solicitors will make more money out of it than you will. You're generally much better off to negotiate with your ex than to line lawyer's pockets, and again it's easier for people to make helpful comments if you give some figures.

If you don't want to give figures at all, then I'd suggest Citizens Advice or similar - but eventually you're going to have to give figures to somebody to get sensible comments.

Thrugelmir

Lisab1986 wrote: »

o HUH Ive told him over my dead body!

Then as a priority seek legal advice. In one or another you need to come to a compromise settlement with your ex. As difficult as that may seem at the current time.

Lisab1986

So you want to know my details..... ok here you are - mortgage is outstanding at £90k i only earn just about 12k a year i have already been told i can only borrow upto 75k on a sole income!

Please if you think im an aggressive person then dont bother putting a post , i have just come off my anti depressants so my mind is recuperating!. I have had a !!!!! day as been on the phone to my ex today re the house and hes laughing in my face coz i still need him to be on the mortgage to be able to afford it. So i think u would understand im a lil bit stressed.

callmechar

75k on your sole income?

Thrugelmir

Lisab1986 wrote: »

So you want to know my details..... ok here you are - mortgage is outstanding at £90k i only earn just about 12k a year i have already been told i can only borrow upto 75k on a sole income!

Please if you think im an aggressive person then dont bother putting a post , i have just come off my anti depressants so my mind is recuperating!. I have had a !!!!! day as been on the phone to my ex today re the house and hes laughing in my face coz i still need him to be on the mortgage to be able to afford it. So i think u would understand im a lil bit stressed.

No aggression. Just hard facts. Your income doesn't support a £90k mortgage.

Stop speaking directly to your ex. Communicate through a third party. As I commented earlier seek advice. As the support of your sister on the mortgage could potentially tilt the balance.

Dave_Ham

And how much is the child maintenance and any working tax credits?

Was his opposition to adding your sister spiteful or because you were not offering to buy him out with financial incentive.

Rightly or wrongly, he owns 50% of the equity

We are trying to help at what is a difficult time, I could not care less about the details but only way you get get free information and clearly you need some..

Try and stay focused on getting this resolved to your benefit and hopefully neither of you see this as ongoing points scoring..