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Removing Ex from mortgage

Mancgirl
Mancgirl Posts: 9 Forumite
in House buying, renting & selling
Hi.
I have a joint mortgage with an ex from years ago. I had him removed from the deeds so it is just my name on the deeds. However, he is still on the mortgage. I am unable to remove him as I cannot afford the mortgage on my own and myself and my new partner have poor credit so doubt we would pass the credit check to put my new partner on it.
I am under pressure from my ex now to 'sort it'! What are my legal rights and can he do anything legally if his name is not on the deeds.
any advice would be great. I should mention that I live in the house we have a mortgage for and have never missed any payments etc
Thanks
«134

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    How did you have him removed?


    So you're using his credit to keep your own home?


    Depends how you removed them, but yes he can in theory force a sale.
  • mrginge
    mrginge Posts: 4,843 Forumite
    Guest101 wrote: »
    How did you have him removed?


    So you're using his credit to keep your own home?


    Depends how you removed them, but yes he can in theory force a sale.

    Under what logic can he force a sale of an asset that he has no interest in?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mrginge wrote: »
    Under what logic can he force a sale of an asset that he has no interest in?



    Well if you will cherry pick. At the minute the OP claims she removed him from the deeds.


    Was this via the courts, or mutual consent or? Which is why I said Depends how you removed them - Though I will say I meant to type him not them*
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Mancgirl wrote: »
    Hi.
    I have a joint mortgage with an ex from years ago. I had him removed from the deeds so it is just my name on the deeds. However, he is still on the mortgage. I am unable to remove him as I cannot afford the mortgage on my own and myself and my new partner have poor credit so doubt we would pass the credit check to put my new partner on it.
    I am under pressure from my ex now to 'sort it'! What are my legal rights and can he do anything legally if his name is not on the deeds.
    any advice would be great. I should mention that I live in the house we have a mortgage for and have never missed any payments etc
    Thanks
    So is he also paying towards this mortgage? Seems extremely generous of him if
    a) he's been removed from the deeds and
    b) you have a new partner

    My advice to HIM if he posted would be to stop paying the mortgage and let the lender evict you for mortgage arrears, so as to get his own finances cleared up.

    Or is the matter more complicated? Are there joint children? Were you married? Other joint financial matters?

    I too am surprised the mortgage lender permitted his name to be removed from the Title and wonder how this happened........
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Surely he can just show evidence to the bank that he isn't owner of the property any longer and ask to be removed from the mortgage (even if he has to pay exit fees)?

    I feel sorry for the guy. Why do you think he should remain financially liable for something he doesn't own? If you can't afford to get a mortgage for the house, you'll have to sell.
  • TrickyDicky101
    TrickyDicky101 Posts: 3,535 Forumite
    Part of the Furniture 1,000 Posts
    FBaby wrote: »
    Surely he can just show evidence to the bank that he isn't owner of the property any longer and ask to be removed from the mortgage (even if he has to pay exit fees)?

    I feel sorry for the guy. Why do you think he should remain financially liable for something he doesn't own? If you can't afford to get a mortgage for the house, you'll have to sell.

    Try doing that with a personal loan - it doesn't work!

    The ex really is in a bad position as he owes on a loan for which he has no upside (ie home ownership).
  • Guest101
    Guest101 Posts: 15,764 Forumite
    TrickyDicky101 wrote: »
    Try doing that with a personal loan - it doesn't work!

    The ex really is in a bad position as he owes on a loan for which he has no upside (ie home ownership).

    We really don't know this is the case to be honest. The OP has claimed this, but not explained how it happened.
  • Mancgirl
    Mancgirl Posts: 9 Forumite
    I had him removed via a transfer of equity through a solicitor.
  • Mancgirl
    Mancgirl Posts: 9 Forumite
    Nope he hasn't paid anything towards the mortgage since he left, I pay it all by myself and my partner.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Mancgirl wrote: »
    I had him removed via a transfer of equity through a solicitor.

    So you paid him off?
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