Partner stuck on a mortgage with his ex :/

Foxy-Stoat_3

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

When your partner split with the Ex, he should of had an exit plan, ie the one left buys the other out, or they sell - not to leave it for 7+ years.

Do you know the current house value and mortgage balance?

Has your partner been paying the mortgage since leaving?

Pixie5740

fairy_lights wrote: »

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

That's a very good question.

Did your partner ever have a Deed of Trust drawn up with the now ex saying what would happen in the event of a relationship breakdown? For example, would he own a larger % of the property because he put down the deposit or would he get the £10k back and the rest of the equity split 50/50?

I do think your partner has to seek legal advice and try and force a sale. Failing that joint owners do have the same legal rights to live in the property so your partner could always move back in with the ex to help her realize that selling might be the best option all round.

AnnaElsa

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.

No they were not married. She agrees in theory...but we're yet to see any progress and she doesnt keep us up to date. Its been 3 years. We had hoped to keep it civil but I'm losing my patience and I know my partner worries about it constantly

lindens

And make sure when this mess is sorted and you are able to buy your own place, if you are not married then get a Deed of Trust drawn up so it doesnt happen again

Gordon_Hose

His ex won't leave, why would she? She's landed right on her feet and she's got comfortable.

AnnaElsa

How much would that cost us? I have found a local solicitors that offer a free no obligation consultation - worth going?

Gordon_Hose

Definitely go, provided they deal with disputes of this nature.

Foxy-Stoat_3

Do you know the current house value and mortgage balance?

Has your partner been paying the mortgage since leaving?

Pixie5740

AnnaElsa wrote: »

How much would that cost us? I have found a local solicitors that offer a free no obligation consultation - worth going?

It's free so where's the harm in going along?

It could cost £1000s to force the sale and it could take years but it's something that really needs to be sorted.

CKhalvashi

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

But, this should have been sorted long before now.

The only option would be to either take it through a solicitor (costing more £££) or to speak to the ex and ask that the house is sold/remortgaged in her name only (probably a lot cheaper if she is compliant)