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Ending Joint Mortgage Unilaterally

Basically, my question is: Is there any way to end a joint mortgage without the other party's cooperation?

More details...
I live in a property with a joint, buy-to-let, interest only mortgage. It was the only choice I had when my wife and I separated, so I know it's not ideal to be living in a property with a buy-to-let mortgage. I've been paying the mortgage myself for a few years now.

I want to be rid of the joint mortgage by either buying the house in my own right or selling it.

Here's the 'but'...the mortgage is joint with my ex-wife who, as a matter of principle, will make things as awkward as possible.

I don't know if the mortgage provider will help me out somehow, as I'm not supposed to be here anyway. Is there any way to end the mortgage without my ex-wife's cooperation?
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Comments

  • diggingdude
    diggingdude Posts: 2,497 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    suggest to ex partner you are going to default on payments and ruin both credit files? Is partner paying their share of mortgage?
    An answer isn't spam just because you don't like it......
  • 2520years
    2520years Posts: 285 Forumite
    Part of the Furniture 100 Posts
    She hasn't paid a penny since I moved here - which is fine by me, as I've lived here.

    She's supposedly saving for a deposit herself, so I think your suggestion might work. However, I don't really want to go down that route.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you going through divorce proceedings? Have you agreed on a division of financial assets?
  • We are divorced already.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Financial consent order drafted? This will have dealt with jointly owned assets.
  • I’ve just googled it. No financial consent order.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Seek legal advice asap. Then you'll be able to move on with your life.
  • You really need to get a financial consent order sorted. You can't unilaterally decide to end joint ownership of a property. You will need your ex wife's cooperation because if you can't get it then you'll need to go to court to force the sale even if the intention is for you to be the buyer. Your ex wife will be legally entitled to some of the equity.
  • 2520years
    2520years Posts: 285 Forumite
    Part of the Furniture 100 Posts
    Thanks guys.

    I always imagine going to court is the privilege of the wealthy. I’m not sure I can afford it, but I might find someone who offers a free consultation. I’ll ring the mortgage provider too, just in case they can help in any way.

    Cheers!
  • silvercar
    silvercar Posts: 49,807 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    .
    I’ll ring the mortgage provider too, just in case they can help in any way.

    Think carefully on that one. Once you tell the mortgage lender you are living in the property, they could tell you that is a breach of the BTL terms and demand that either you move out or they call in the mortgage. What will your response be?

    If they suggest converting it to a residential mortgage will your ex co-operate?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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