Removing ones self from a joint mortgage that's in arrears

Emmaloucreations

My story so far I left my husband 8 years ago and before we could settle out finances he deliberately got the joint mortgage into debt ive not paid anything to the said mortgage for all this time and every time we make plans to remove me he puts the mortgage back into arrears so I can't have my name taken off it is now affecting my credit and I can't even apply for a small loan from my bank that ive been with since I was 10yrs old I'm in despair and have no idea what to do as even my solicitor is stumped with making him sell the house as its all got to be taken through court !

Mattygroves2

Getting your solicitor to start the proceedings to force a sale is the only real long term answer.

In the short term I suggest you take over payment of the mortgage so that it doesn't fall into arrears again. Even if you take control of the payment and your ex sends you a contribution at least you know it is being paid. At the moment its a joint liability so the arrears are as much your problem as his even if you signed the equity in the house over to him as part of the divorce.

pinkteapot

Emmaloucreations wrote: »

even my solicitor is stumped with making him sell the house as its all got to be taken through court !

If your current solicitor isn't confident in how to do the court process to force a sale then you need to find a new solicitor!

If your ex won't sell then your only option is to force a sale through the courts. Starting this process might be the prompt he needs to remortgage in his sole name if he wants to keep the house.

Thrugelmir

Is there equity in the property?

summerholiday

How horrible, futile and depressing for you. He is very vindictive.

My question to you and your solicitore: How is your ex-husband able to obtain further borrowing on a joint-mortgage? Surely both of your signatures are required on each application for an increase in that mortgage sum?

summerholiday

Sorry misread the fact that he puts the mortgage account in arrears, not borrows more.

Contemptuous

summerholiday wrote: »

How horrible, futile and depressing for you. He is very vindictive.

My question to you and your solicitore: How is your ex-husband able to obtain further borrowing on a joint-mortgage? Surely both of your signatures are required on each application for an increase in that mortgage sum?

Confused - the OP hasn't mentioned any further borrowing?

Emmaloucreations

Thanks for all your replys, the mortgage is with the one account so for a long time I never realised he was actually taking out some of the money he had paid off. Once I realised I put in place with the mortgage company that if he wanted to do this he had to have my written permition.
Mattygroves2 I left him so he still lives in the house and I don't want to be keeping him as I only just cover my own bills. I do feel my solicitor is very laps and lazy to begin with he said he was going to apply for something to guarantee that if a sale of the house was on the cards my ex couldn't just pull out but that was 4 months ago and ive heard nothing from him. I think a new solicitor is on the cards to push a sale through the courts.

Emmaloucreations

Ment to add too that there is roughly £40,000 in equity initially I was ment to get half as all our monies went into a joint bank account whilst together. The problem now is he's kind of paid it himself for 8 yrs and dosent want to give me my share this is the main reason he got the property in to arrears. So he didn't have to give me anything !!