Mortgage - ex-partner disapeared

melanieann_2

So here is my situation. Sorry about the long post but I have included all the information I can think of as really need help!

I purchased a property in September 2012 with my ex-partner. I know it was a silly thing to do as we had a volatile relations ship but I lived on the hope the situation would improve as I loved him. I thought if I provided everything we dreamed of things would change. Anyways after buying the house things escalated very quickly, he left his job and the relationship ended.

Facts at this time, the house was bought with Nationwide as the mortgage lender, I was 23 years old at them time, I paid £12,00 deposit myself for a mortgage of £120,000. I spend around £6000 doing work on the property so it was habitable. I paid the mortgage of £625 per month on my own (interest rate is about 6-7% and still is) it was fixed for 3 years. We bought as tenants in common and we had a declaration of trust in place that states when the property is sold I get £16,000 and the rest is split 65% in my favour. (I thought this was so long as he was paying towards the mortgage but apparently my solicitor was not very good and didn’t explain the conceques of a relationship break down)

Due to the violence and threats and abuse that continued the Police issued him with an harassment order so he was not allowed near the property. He has since vanished and lives somewhere in London (or so I believe) (I live in Devon) 6 months later I applied to Nationwide to remove him from the Mortgage, I had more than affordability they requested on my own salary and didn’t think there would be an issue. They declined me as I was too new a customer so they said come back in 6 months. I went back in 6 months’ time and applied again, after 2 years of paying the mortgage myself I went back and applied again, once again they refused me. I went back a third time in after the 3 years fixed expired and I was refused again as I had a default on my credit file, which I explained to them about already.

I was earning around £28k a year myself and he left me in about £15,000 of debt due to money he has borrowed for certain things and debt collectors he had coming to my property. I have paid all of this off over the years and have about £2000 left to pay although I did incur a default in this time from HSBC which I am on an on-going arrangement with. (this is included in the £2000)

I got with my new partner around 2014 and we have since had a baby together. I am now working 14 hours per a week and earn around £11,000. Nationwide refuse to help me with anything due to the default. I have asked about fixing the mortgage on a lower interest rate as I am paying 7% but without him agreeing they will not do this either. They will not agree to an interest only mortgage either. I do not want to be adding more value to the property when he is entitles to a share as I have spent lots more over the years. I have £100,000 left on the mortgage and could probably sell the property for £140,000. I could have done it all legit in the beginning when I was earning the salary etc but Nationwide were no help what so ever.

My ex-partner who I managed to contact via Facebook for the last 12 month asking him to sign a solicitor document stating he has no financial interest in the property as a start but he basically doesn’t want anything to do with the house and wants me to sell it. He would rather ‘burn it down’

I only wanted to sell the property as a last resort I have been looking into how I can remove him via the courts I can prove I have paid the mortgage myself since 11-09-2012 and never missed a payment. The ex wants me to just sort it out without him having to do anything and he will not co-operate.

So…

Question 1: How do I remove him from the mortgage and the deeds?

I have read on another post about trusts of land and appointment of trustee Act but it only mentioned the words and not how the process works and is it extremely expensive. Having a 1 year old and working part time I don’t have excess money to spend a fortune on solicitors and court costs.

Question 2: Do I really have to sell the house or do I have another option?

Question 3: If as a last result I have sell how do I go about it without his co-operation.


Lastly is there anything you can advise that I hadn't thought of?

prosaver

They should of told you that in the very first place that
He has to sign to release himself from the mortgage.
.
You can buy him out and he might sign then. You need a lawyer.
Q3 ans, ask a lawyer

melanieann_2

Thank you, all I am getting told by solicitor is Nationwide have to give me a mortgage, they wont give me one due to my default. Both solicitor and Nationwide are saying I need his address. This is not possible he in untraceable! Unfortunately when you get a mortgage they don't explain what happens when one party disappears!!

prosaver

melanieann wrote: »

Thank you, all I am getting told by solicitor is Nationwide have to give me a mortgage, they wont give me one due to my default. Both solicitor and Nationwide are saying I need his address. This is not possible he in untraceable! Unfortunately when you get a mortgage they don't explain what happens when one party disappears!!

I would still carry on paying the mortgage and when he come for his share, pay him off. It wont be much, ask your solicitor how much is his share and then you can sleep easy.
good luck

Thrugelmir

Continue to pay the existing mortgage until such time as you can afford to buy your ex out. You may need to take legal action to effect the sale. However highly likely that your ex would be liable for all costs ( out of his share) if he failed to cooperate.

melanieann_2

So i will still hav to give him a share even though i can prove he hadnt lived there and he has never paid a penny. Can i not take it to court to fight this. He will not come back he will not provide an address and he will not sign n e forms.

I am on a repayment mortgage but want interest free so i am not putting more money into a propert he van claim on. I hav 21 years left to repay then the house is paid off so he would be entitled to a share even though i worked hard for the 27 years on my own?

I am trying to find out how to go about taking it to court to dispute this and get him removed so i can spend more money on the property