still on the mortgage with ex partner 7 years on!! help!!

chris86maloney

Hi I am hoping for some advice although I feel my situation is very unique.

I have been split with my ex partner now for 7 years (never married), we share a son who is now 11 years old. At the time of splitting we went through mediation and eventually ended up in court to decide the division of the shared home. The court decided in the best interests of my son who was 4 years old at the time that my ex will stay in the property and certain conditions will be put in place that can "force the sale" - I use that very loosely i.e. remarriage, cohabiting for more than 6 months. Basically I will not be able to attempt to get off this mortgage until my son is out of full time education or 18 years old. She has since remarried and now split and has never once used her best endeavours to release me from the mortgage. Property is currently worth approx £300k and mortgage is £110k.
As you can imagine this is holding me back from owning a property of my own due to the difficulty of having a second home with two residential mortgages and also the increased stamp duty payable.

Can anyone who has come across something like this please offer some advice as to what options I have - in either getting my name off the mortgage and the equity from the house or even somehow utilising the equity to my advantage in a second charge mortgage to use as a deposit on a property for myself? Many thanks!!

Comms69

Sorry what youve put doesnt make sense.

A condition of sale is remarriage, she has remarried. So why arent you now selling it??!!

kingfisherblue

chris86maloney said:

Hi I am hoping for some advice although I feel my situation is very unique.

I have been split with my ex partner now for 7 years (never married), we share a son who is now 11 years old. At the time of splitting we went through mediation and eventually ended up in court to decide the division of the shared home. The court decided in the best interests of my son who was 4 years old at the time that my ex will stay in the property and certain conditions will be put in place that can "force the sale" - I use that very loosely i.e. remarriage, cohabiting for more than 6 months. Basically I will not be able to attempt to get off this mortgage until my son is out of full time education or 18 years old. She has since remarried and now split and has never once used her best endeavours to release me from the mortgage. Property is currently worth approx £300k and mortgage is £110k.
As you can imagine this is holding me back from owning a property of my own due to the difficulty of having a second home with two residential mortgages and also the increased stamp duty payable.

Can anyone who has come across something like this please offer some advice as to what options I have - in either getting my name off the mortgage and the equity from the house or even somehow utilising the equity to my advantage in a second charge mortgage to use as a deposit on a property for myself? Many thanks!!

As she has remarried, a trigger to force the sale has been met. Have you mentioned this to her? At the moment, she is sitting pretty, and I doubt if she will do anything to rock the boat. It's up to you to get things moving. I think that approaching her to put the house on sale id the first move. Hopefully relations between you are sufficient that you can do this without involving solicitors.

Spendless

At the point she married that should have triggered a change that meant the property weas sold or she bought you out. Why didn't that happen? Why wasn't anyone informed of this change? How long was she married for before splitting up? 

gettingtheresometime

Apart from the obvious question as to why the property wasn't sold when your ex got remarried, is she getting divorced for the 2nd time or has she just split from the 2nd husband...and how long was the marriage.
I'm just asking as it struck me that the house (or at least her share of it) could become part of the martial pot for her to share with the 2nd husband (or have I missed something?)

pphillips

gettingtheresometime said:

Apart from the obvious question as to why the property wasn't sold when your ex got remarried, is she getting divorced for the 2nd time or has she just split from the 2nd husband...and how long was the marriage.
I'm just asking as it struck me that the house (or at least her share of it) could become part of the martial pot for her to share with the 2nd husband (or have I missed something?)

Whether she gets remarried or not, doesn't really matter as the OP will still get their share.

gettingtheresometime

pphillips said:

gettingtheresometime said:

Apart from the obvious question as to why the property wasn't sold when your ex got remarried, is she getting divorced for the 2nd time or has she just split from the 2nd husband...and how long was the marriage.
I'm just asking as it struck me that the house (or at least her share of it) could become part of the martial pot for her to share with the 2nd husband (or have I missed something?)

Whether she gets remarried or not, doesn't really matter as the OP will still get their share.

my point being she has got remarried & is now separated.

if she divorces for a 2nd time there's a strong case that 3 sets of solicitors are going to get involved - the OP's, the Ex's & the Ex's Ex's.

sounds as if this has the potential to be messy

JReacher1

Are you still paying this mortgage? It’s a bit unclear. 

Comms69

gettingtheresometime said:

pphillips said:

gettingtheresometime said:

Apart from the obvious question as to why the property wasn't sold when your ex got remarried, is she getting divorced for the 2nd time or has she just split from the 2nd husband...and how long was the marriage.
I'm just asking as it struck me that the house (or at least her share of it) could become part of the martial pot for her to share with the 2nd husband (or have I missed something?)

Whether she gets remarried or not, doesn't really matter as the OP will still get their share.

my point being she has got remarried & is now separated.

if she divorces for a 2nd time there's a strong case that 3 sets of solicitors are going to get involved - the OP's, the Ex's & the Ex's Ex's.

sounds as if this has the potential to be messy

Not really, the marital assets of the second marriage are simply her half of the property.

macman

She never remarried, as the OP stated clearly that they were never married.
Impossible for anyone to comment without seeing the full text of the original agreement in terms of the trigger clause, and I'm puzzled as to the timescale. as it's assumed that the ex remarried at least a couple of years ago, if now seeking a divorce from the new partner?

chris86maloney

Comms69 said:

Sorry what youve put doesnt make sense.

A condition of sale is remarriage, she has remarried. So why arent you now selling it??!!

hi I did approach this with a solicitor at the time of remarriage but it is not as straightforward unfortunately. the husband would have to have his income and outgoings assessed by a form E to see if they are in a position to buy me out or buy a new property. The whole system is an absolute joke - cost a fortune in legal fees to