Mortgage and ex partner help needed

Ineedanswers

Evening all, after some advice regarding my mortgage and situation I’m in. Joint mortgage to which ex partner has made no,payments in at least 15 years(she’s not lived here) there is currently£1k arrears outstanding which I’m progressively clearing as fast as I can. She has her own mortgage on another property but has decided I have until the end of the month to clear the arrears or she will try forcing a sale to get her name off this mortgage. I fully understand and wholly want her off but can this be done, and is she liable for any payments over the years gone by? We do have children together who reside with her but stay with me alternate weekends( her rules) any info appreciated

Caz3121

what was agreed regarding the property when you separated? have you investigated buying her out the property and taking a mortgage in your sole name? what are your plans to sever the financial association? (personally I would not like to have a financial association of a 15 year old ex....your arrears affect her credit worthiness through having a joint mortgage)
If you cannot afford the mortgage alone and to buy her out/take sole mortgage the property may have to be sold. She can instigate court proceedings for forcing sale but this could cost her £10k+ to do it, it may be a bluff and maybe she just needs it brought to a head hoping it can be resolved without having to resort to that.
In a divorce it is not uncommon for the person that remains in the matrimonial home to take on responsibility for 100% of the payments however that may be reflected in the equity split with them getting a higher % under a Mesher Order where the other owner agrees to remain on the mortgage until children older at which point property would be sold/be bought out/get their share. In would usually be the case that the children would be living in the property that the Mesher Order referred to and the agreement to defer sale is deemed for benefit of children. Mesher Orders are dealt with by the court as part of divorce so would not apply apply in case of unmarried parters

dimbo61

So why are you in arrears ?
She has not lived in the property for over 15 years and has put a roof over her head and your children's head ! 
Have you helped pay her mortgage ?
You see your kids which is better than many parents 
It would be very expensive to take you to court and force a sale and I am amazed she managed to get another mortgage with the mortgage debt for her/your former marital home

Ineedanswers

Thanks for reply. There was no agreement so to speak as we had children together we always got along up until a year or so when she got a new partner. We weren’t married and the arrears arose from redundancy. She has acquired her own mortgage on her own property a few years ago. I can 100% afford the mortgage on my own and she’s not interested in being paid off etc she just wants her name removing. I’m on the verge of doing this but it’s just the whole court process which would be expensive for us both. I’m confused as to where the law stands on her non payment even though I’ve been living here if you understand. I’m not interested in her owing me anything towards it but would be useful to know the standings on it

dimbo61

Well if your in arrears you can't remortgage to take the mortgage debt on yourself.
She may have received letters from the lender as she is party to the mortgage and arrears so it might not go down to well.
Hopefully you can clear the debt ASAP and try to keep things friendly.
Maybe seek help from a mortgage broker to find a new lender or your existing lender to release your EX off the mortgage and deeds

Ineedanswers

Dimbo61 thanks for your input. I’m not looking to remortgage I just need to clear the arrears. She doesnt receive correspondence as they don’t know her whereabouts which is what she wanted so I’ve kept her out of it, even through a repossession order few years back. I just need arrears gone. It’s just her court talk I’m worried about and can she do it etc and how long the process takes. Existing lender won’t release her till arrears are cleared. Thanks

Thrugelmir

Ineedanswers said:

 I’m confused as to where the law stands on her non payment even though I’ve been living here if you understand. 

No obligation to contribute. The arrears will be creating major issues on your ex partners credit history. Hence the threat of a forced sale. 

MFWannabe

Ineedanswers said:

Evening all, after some advice regarding my mortgage and situation I’m in. Joint mortgage to which ex partner has made no,payments in at least 15 years(she’s not lived here) there is currently£1k arrears outstanding which I’m progressively clearing as fast as I can. She has her own mortgage on another property but has decided I have until the end of the month to clear the arrears or she will try forcing a sale to get her name off this mortgage. I fully understand and wholly want her off but can this be done, and is she liable for any payments over the years gone by? We do have children together who reside with her but stay with me alternate weekends( her rules) any info appreciated

Would your ex contribute to clearing the arrears? Then you’d  be able to get her name off the mortgage. 

Even after this is done are you going to be able to get the mortgage in your name? 

15 years is a very long time, can’t understand why people stay financially attached for that amount of time 🤷‍♀️

[Deleted User]

You are both jointly and severally liable for the mortgage payments. If one or other of you dont pay you lose the house. There is no legal obligation to contribute at all, so forget that idea. 

You need those arrears cleared, and if your income is sufficient in the lenders eyes ( ie that you pass THEIR affordability test ) then they will allow her to be released and the property transferred into your name.