Partner stuck on a mortgage with his ex :/

AnnaElsa

My partner split with his ex 7+ years ago, just after they had bought a house together. She has since got married and still lives in this house with her husband and 2 kids. My partner is still on the mortgage with both her and her husband; meaning we cant get a mortgage to buy our own place. Also; my partner put the £10k deposit on that house. Where do we stand legally? We have contacted her numerous times about this and its always been friendly; she always says she'll keep in touch but we dont hear anything. I'm worried as we're both getting older it will be harder for us to get a mortgage we can afford. Does anyone have any advice?

We've moved between rentals twice already in 3 years. I just want to settle somewhere and raise my family

nataliek5

I would be interested in any responses you get here as a good friend of mine is in a similar situation...

Her husband bought a house with another woman (she did not put any money down for the deposit or any of the repayments but she was named on the mortgage) before splitting with her and meeting/marrying my friend. They now live in that house but the other womans name is still on the mortgage. It's been 10 years and they've never been able to remortgage or move home because of her. She refuses to sign the mortgage over even though she never paid anything.

Hope you find some good advice.

TrixA

Joint property ownership is normally something that would be dealt with as part of a separation agreement - was it? I'm sure there is a way out, but you need to seek proper legal advice. I'm not clear from your post whether your ex and his former partner have children together.

AnnaElsa

My partner wants to be off this mortgage - but he cant be released from it unless they (his ex and her husband) can get a mortgage of their own on it, which they've not been able to as they need a rather large deposit - so the excuse is always that they are still saving. The £10k my partner put down on the house was his inheritance from his father who passed away too.

AnnaElsa

TrixA wrote: »

Joint property ownership is normally something that would be dealt with as part of a separation agreement - was it? I'm sure there is a way out, but you need to seek proper legal advice. I'm not clear from your post whether your ex and his former partner have children together.

No, they never had children together. Where should we go for legal advice? They never had a separation agreement no, not formally anyway

TrixA

AnnaElsa wrote: »

No, they never had children together. Where should we go for legal advice? They never had a separation agreement no, not formally anyway

You need a solicitor who covers family law issues. Try this website:

http://www.resolution.org.uk/

You could also speak to the citizens advice bureau who will provide general advice free of charge (although not a substitute for proper legal advice)

I'm not a lawyer but I wouldn't have thought the fact that the couple can't afford to take over the mortgage is sufficient reason for your partner to remain on it. It's normal in a separation for the house to be sold so that both parties can use the proceeds to move on with their lives.

Kynthia

TrixA wrote: »

Joint property ownership is normally something that would be dealt with as part of a separation agreement - was it? I'm sure there is a way out, but you need to seek proper legal advice. I'm not clear from your post whether your ex and his former partner have children together.

I'm guessing that the joint owners weren't married to each other so there's no formal financial agreement when separating. The only way to get your name off a property when the other owner won't agree is to start legal proceedings. Therefore get legal advice, make reasonable offers through you solicitor, and if they are rejected go to court to force a sale of the property or their share.

AnnaElsa

Thats what I thought. It seems wholly unfair that we HAVE to rent because we're £10k down and one of us is stuck on someone elses mortgage! Thank you xx

TrixA

Kynthia wrote: »

I'm guessing that the joint owners weren't married to each other so there's no formal financial agreement when separating. The only way to get your name off a property when the other owner won't agree is to start legal proceedings. Therefore get legal advice, make reasonable offers through you solicitor, and if they are rejected go to court to force a sale of the property or their share.

Yes you're right, I had mis-read the original post and thought they had been married. However the recommendation to get proper legal advice still stands.

fairy_lights

AnnaElsa wrote: »

My partner is still on the mortgage with both her and her husband; meaning we cant get a mortgage to buy our own place.

How did her new partner get added to the mortgage without your partner being removed? why did he agree to that?

Gordon_Hose

AnnaElsa wrote: »

Thats what I thought. It seems wholly unfair that we HAVE to rent because we're £10k down and one of us is stuck on someone elses mortgage! Thank you xx

Not being funny, but why didn't your partner sort this out 7+ years ago? He's made it worse by letting her stay there. His ex must be loving it, living in a house should can't afford to buy herself.

I'd be slightly more sympathetic if there were kids involved, but there aren't.

Bonkers.