House selling after seperation

meebsquat

Morning everyone

Looking for a bit of advice on the mortgage of a home that I own but no longer live/have access to due to splitting of relationship.

I have not lived there for almost 3 years and for this time I have not contributed to the mortgage.

My ex partner and my daughter live in the house currently with my ex partners new boyfriend.

My ex partner has started missing payments on the joint mortgage, which is affecting my credit score. Due to this I am looking to remove myself from the mortgage.

As my ex-partner is missing payments I assume she will not be able to get a sole mortgage.

Would this mean that the only way to escape the mortgage will be to sell the house? And what would happen if she did not want to sell?

I am happy to sell and am not looking to recoup any funds at all.

There is around 15k equity.

Thanks in advance for any advice.

Kind Regards

Meebsquat

TBagpuss

Assuming that you were not married, and that the house is in join names, then you would be able o force a sale by geting an order for Sale via an application under the Truss of Land and Appointment of Trustees Act (ToLaTA). If you need to go down that route it would be important to get some advice first to ensure that you follow the correct procedure, as this can make a difference to whether you would be able to recoup any legal costs.

It may be that your ex and her new partner would be able to get a joint mortgage - her recent defaults would make this harder, but it might still be possible depending on her (and, if they applied jointly, his) financial situation generally.

In the first instance it would be sensible for you to approach her to propose putting the house on the market and to take things from there.

It is possible that she might seek to make an application under the Children Act to try to remain in the property until your child turns 18, but it is unlikely that she would succeed unless she could satisfy the court that there had been a joint intention between the two of you that the house would not be sold while your child was a minor AND that she could show that she was able to keep up with the mortgage payments.

meebsquat

This is just the type of reply I was looking for.

Many thanks!

Kind Regards

Meeb