Ex-Partner not playing ball

smelly_bum123

Would the fact that I have a lump sum help away them in my favour at all?

cat04

The problem with the lump sum is that you wouldn't want to pay it off until he's off the mortgage as you will be increasing equity in the house if you do it before and judging by what you've said he may well try and push for more at the last minute. You might have to suck it up and pay the SVR until he's off it. Once that's happened pay the lump sum off and remortgage to a new fixed rate.

Obviously that's all ok if the bank lets you do it in that order...because the fact you're removing someone from the mortgage means you HAVE to remortgage. I'm not sure if the two things overlap, in terms of taking him off and having to pay the lump sum off to get the remortgage IYSWIM! I'm going to be doing the exact same thing in a couple of months - although in my case there is no abuse, court case or lump sum involved. I put the huge deposit down, and luckily that's protected!

I probably haven't helped at all there but just wanted to mention about the lump sum potentially affecting what share your ex gets! Good luck with everything and I hope he sees sense and you get it sorted quickly.

[Deleted User]

smelly_bum123 wrote: »

I don't want to force the sale though - I paid all of the deposit, put my heart and soul into making it a home and my son and I are happy with the area and neighbourhood.

Is there a deed of trust documenting that you put in all of the deposit and what should happen in the event of a split? If not then the starting point for negotiations is a 50/50 split of the equity.

smelly_bum123

Hi

After a lot of digging around, I have finally discovered the 'mortgage prisoner' ruling effective beginning of November 2019.

I seem to meet the criteria in being able to move to a lower rate. However, one thing I haven't been able to establish is whether I need the ex to sign anything or if I could just go ahead and try to proceed without his knowledge.

Anybody got any insight into this at all?

martinbuckley

My wife and I took our mortgage out with Nationwide in 2011. We have changed rates with them twice since then and on neither occasion was my wife asked to sign anything - it was all done by me online.

Zero_Sum

smelly_bum123 wrote: »

Hi

After a lot of digging around, I have finally discovered the 'mortgage prisoner' ruling effective beginning of November 2019.

I seem to meet the criteria in being able to move to a lower rate. However, one thing I haven't been able to establish is whether I need the ex to sign anything or if I could just go ahead and try to proceed without his knowledge.

Anybody got any insight into this at all?

This probably depends who you're with but with mine I can just log in to my online account then just click renew with new 2, 3 or 5 year fix. Dont need to sign anything. Obviously will be different if moving provider but if just staying with current one, can see why there'd be any issues.

But while he's on mortgage & not paying you're just building up capital on his behalf. If he's not willing to take name off, selling might be the best option in the long run

Penelopa.Pitstop

You could switch online to cheap tracker. Then, if the ex decides he wants out, you can re-mortgage withouth early repayment charge. If you take new fix, then you're risking paying ERC.

getmore4less

I made an offer to buy him out a few months ago - his solicitor came back with disagreeing the basis of calculation from my solicitor.

what are the two calculations?

HelpM3

I am also going through the same situation.
I was advised to go for the lower rate before I go through the process of getting my partner taken off the mortgage.
My partner agreed to go through the process of going for the lower rate, but changed mind to sign at the last minute with offer expiring now.

Keeps talking about buying out but keeps changing mind asking for more money.

Don’t want to sell the house as no where to go and this Is my child’s future.

All I can suggest is keep paying the mortgage hopefully your ex will come
Round eventually.

GOOD LUCK

smelly_bum123

Hi. Thanks for a the responses and apologies for not responding earlier.

I have now managed to get in to a lower rate without the need for my exes consent. It wasn't easy, extremely stressful but got there in the the end.

Someone earlier asked me what the 2 calculations were as to why his solicitor disagreed with my calculation.

Essentially, they think the property is worth more therefore want more money. They didn't come back w I th any counter offer.

I am now in a position where I just want him off the deeds - he hasn't contributed to the mortgage for 18 months now so I don't think he is entitled to any increase in value since he stopped paying? Am I correct in assuming that?? I sincerely hope so. Would seem grossly unfair that any calculation will be based on the value today rather than when he moved out and stopped paying the mortgage.

I want to send him / his solitirs a letter asking them to accept the earlier offer from 18 months ago or come back with a counter offer from where I can then counter.

Are there any draft letters anyone can point me in the direction of? I want this to be a firm letter as I am sick of their non response for no apparent reason.

Apologies got the long message but I just want this sorted as soon as possible.