Stuck on a mortgage with my ex after 9 years apart

siochegra

I am looking for some advice regarding my current situation and hope you can help.

My ex and I purchased a house about 11 years ago. We not only got a mortgage for this property we also got a loan to pay off his debt. The mortgage was £98000 and the loan was £25000. The loan is linked to the house therefore the house is still in negative equity. 

All I have wanted from day dot is my name removed from the mortgage, to allow me to move on with my life.  My ex and I have been separated for 9 years, we are both now married with kids. I do not pay towards the property. 

I have been to see my solicitor numerous times over the years. He has written to My Ex many times, but He doesn’t cooperate. He has said he will not allow access for a survey, he will not even phone up Alliance and Leicester to ask if my name can just be removed and his new wife added on. The mortgage itself should now be lower than the house value, it is just the loan that’s holding things up. 

I have also been to the mortgage provider advisor, who has told me i should not pay half the debt off. 

I am wondering if anyone has/had similar circumstances and can give me any advice? 

As I feel my hands are tied, other than getting in to debt, I would appreciate any advice you can give. I am extremely fed up of this situation. I cannot properly move on with my life, and cannot get another mortgage until this is sorted! 

Many thanks

ACG

Move back in? It would be VERY awkward but it might just force his hand. 

csgohan4

Hindsight is great but sadly this will become expensive for you to sort out as you need legal advice to force a sale I'm afraid. 

you cannot have your name removed form mortgage deeds, you have to either sell your share to your ex  or buy his share or sell the house all together which is probably the best option. 

Seems you have tried to do this amicably and he is not playing ball. 

As the house in negative equity both of you will have to share the hit. 

Is this in  England?

Who is living in the property?

if renting are you both declaring to the hmrc?

blue_max_3

This is so hard. I was stuck in our home with my wife who was continuing an affair. But eventually, our only choice was to sell. I thought that was bad, but at least the divorce settled things financially. 
Sadly, if you're not married, it seems a black hole. My friend wants his partner to leave as they have no relationship, but doesn't want to lose the house that he pays for (but now foolishly added her to the deeds) and is stuck too.
From your partners point of view, he lives in the home he half owns and has you as a guarantor to the mortgage/his loan, so you're as liable as he is. He could not pay the mortgage and they could come after you.
My only thought was could you charge him rent for your half?  Or ask him to leave the property, but you'd still be liable for all the mortgage if he decided not to pay it. You could then hand the keys back, but it would be very bad for your credit rating - and his, of course.
I honestly don't think you have a lot of aces up your sleeve and I do feel sorry for you. You need the help of a good family lawyer I think. They sometimes give you a free initial interview, where you can perhaps see if they can help.

sharpe106

Try seeing his new wife, she might want to get on with her life as well. If you pay half the debt it then it will be lost money to you.

siochegra

csgohan4 said:

Hindsight is great but sadly this will become expensive for you to sort out as you need legal advice to force a sale I'm afraid. 

you cannot have your name removed form mortgage deeds, you have to either sell your share to your ex  or buy his share or sell the house all together which is probably the best option. 

Seems you have tried to do this amicably and he is not playing ball. 

As the house in negative equity both of you will have to share the hit. 

Is this in  England?

Who is living in the property?

if renting are you both declaring to the hmrc?

This is in Scotland. He is living there with his wife and kids