Removing ex partner from joint mortgage

sassyblue

AskAsk said:

sassyblue said:

AskAsk said:

sassyblue said:

Tell him to prove it! if he did pay all those mortgage payments and for those building materials he should be able to prove it with bank statements or credit card statements. They are easily available, any bank can go back 7 years.

put the onus back on him to prove it.

that is all very well but how is this going to help the OP to enforce the removal of the ex from the property deed and mortgage?

OP says she has a Solicitor so it should be sorted.  He obviously wants paying off and is lying to get more money.

Her Solicitor simply needs to go back and ask him to prove what he’s saying, if he can’t/won’t then he obviously gets a lesser sum or no money at all.

It's not difficult. OP just has to see it through.

the OP can defend the money claim from the ex but this does not do anything to help her get rid of him from the mortgage or the property deed.  her solicitor can certainly defend the allegations of money he claims but the OP's original question was not about how to defend the money claim but how to get rid of him from the property ownership and the only way this is going to be possible is to sell the house and force the split of money.

the OP is asking for people with similar experience but her situation is not usual so i think she needs to pay the solicitors and listen to her solicitor even though it may cost a lot of money to get professional advice.  this is a matter for the solicitors to deal with as it is complicated how to remove the ex from the property ownership and it won't be simply defending the ex claim of money as he won't agree to remove his name until the money he claims is agreed so it will just go round in circles and the OP will be in the same situation.

Erm, yes it does, they are simultaneous matters.  This is what’s called a TOLATA claim and in exchange for a pay off to the ex partner the Solicitor will ensure a TR1 is completed to remove the his name from the property registered at the Land Registry. 

You don’t have to sell a property to get someone’s name off a mortgage or title deeds, the property can be remortgaged, again this is simultaneous with the actions in my first paragraph and her solicitor will handle it all.