Partner stuck on a mortgage with his ex :/

TrixA

AnnaElsa wrote: »

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

Yes, most solicitors will offer an initial consultation free of charge so you should certainly go ahead with this, and you can ask for further information about their fees at that stage. It sounds as though it would be worth paying a bit of money to have this resolved as you and your partner will finally be able to move on with your lives.

It may be worth contacting the ex to let her know you're seeking legal advice with a view to getting your partner out of the mortgage as some people react badly to getting letters from lawyers out of the blue. You ideally want her to agree to a solution (as advised by your solicitor) without needing to go to court to force a sale.

AnnaElsa

Sorry lots of questions:

No hes not continued to pay the mortgage.

He hasnt sorted it before now as he's 'not needed' too and felt sorry for her as she has 2 kids (by the end of this year - so will we) Hes been pushing her for the last 3 years.

Not sure about why the new bloke who became hubby got put on the mortgage...will ask him

dgtazzman

I find the story about them requiring a big deposit to take over the mortgage a little strange. If the mortgage has been paid for 7+ years, there should be a decent amount of equity in the property, which would probably make a deposit unnecessary, unless they have a low household income...

I assume with children actually living in the house, although they are not your partner's, it will complicate things.

duchy

AnnaElsa wrote: »

Sorry lots of questions:

No hes not continued to pay the mortgage.

He hasnt sorted it before now as he's 'not needed' too and felt sorry for her as she has 2 kids (by the end of this year - so will we) Hes been pushing her for the last 3 years.

Not sure about why the new bloke who became hubby got put on the mortgage...will ask him

Seems like the time to sort this out was before he became a father for the first time . There's obviously more to it than he has told you with the ex's husband added to the deeds and you even after having a child with him unaware of the full circumstances. Definitely time to get things sorted as she has "a new bloke" (funny way to refer to a husband) and he has a "new bird" too and both have children with these new partners which means if anything happened to either of them the legalities would be a nightmare (more so for you if you aren't married).

Pixie5740

AnnaElsa wrote: »

Sorry lots of questions:

No hes not continued to pay the mortgage.

He hasnt sorted it before now as he's 'not needed' too and felt sorry for her as she has 2 kids (by the end of this year - so will we) Hes been pushing her for the last 3 years.

Not sure about why the new bloke who became hubby got put on the mortgage...will ask him

You can't just add and remove names from a mortgage. If the husband is now on the mortgage all 3 of them would have had to apply for a mortgage together at some point which would be a very odd thing for your partner to do.

If the sale has to be forced and without a Deed of Trust drawn up, I honestly don't see your partner getting the £10k deposit back.

The fact that it's you, and not your partner, on hear asking questions and trying to drive this forward suggests that your partner isn't very dynamic when it comes to getting this place sold and it's going to be an uphill struggle.

pinkshoes

How about telling he she has had 7 years living there, so now it is your turn for 7 years, and she can go rent.

Is your partners name on the deeds?

tocs23

Eek... this sounds like a potentially costly and laborious issue to resolve (but then you will realise that, with it having been over 7 years already). I think going for a free consult is a good idea in the first instance. Unless your partner had some form of contract which stated that he was due a bigger % of the property, or even just his £10k back, unfortunately I don't think he will recoup this over and above any entitlement to a share of any eventual sale value.

It does seem strange that the ex's husband has been added to the mortgage without your partner's knowledge - I don't think this can be the case. I would, however, be keen to ensure that they are unable to release equity and take out further lending against the property without him being notified.

Not a good situation - particularly when there are kids involved on both sides. It sounds like you have been more patient than most, and your partner really needs to step up and sort this out for the sake of his family.

Good luck with it.

baldelectrician

Have you applied for a copy of the deeds, these will state if there are any charges on the property you don't know about
They will also state which names are on the property now.

xylophone

I do not understand how the ex partner's husband has been "added to the mortgage".

The ex partner and husband can afford to pay the mortgage - I wonder how hard they have looked to find a lender who will permit them to buy out the OP's partner? A case where they have simply become too comfortable with the status quo?

If the ex partner will not agree to come to an accommodation, then a court order seems the only solution?

sparkykink

Hi there,
Sorry in advance if I'm on the wrong thread, I'm not a regular to forums!
Could anyone please advise: my daughter and her husband have separated and have a joint mortgage in the house where she still lives with their 2 children. He is back with his parents.
They have made a separation agreement with a solicitor, but he now want's to take himself off the mortgage and deeds (which is fair enough), however my daughter has been told that if he does, then she would not be able to carry on the mortgage on her own even though she can make the payments as she is back to work and is careful with money (she's been paying for the last 8 months). This would effectively render her and the children homeless as she would not be able to get a mortgage alone based on her earnings, at least not enough to buy a property.
I don't understand why the building society ( Halifax) won't let her carry on, providing the payments are met?
There is about £10,000 equity in the mortgage and payments have always been met on time.
Can anyone suggest a solution please?
My daughter has a good credit history with no past or current debts.


Thanks in advance