Get ex partner off mortgage without consent

Bobbybear1

We moved into our house about 4 months ago with a new mortgage as joint owners. She has not paid any  of the mortgage payments. I continue to pay the full amounts each month. She has lived away from the property for a while. Can I get her removed from the mortgage without her consent, due to her non payment. As above I can take on the full payments on my own salary.

[Deleted User]

short answer No.  

Long answer,   you need the lender to agree to remove her on the basis that you pass affordability calculations on your own (doesnt matter if you think you can afford it, it only matters if you pass the lenders affordability calculator),  you then pay a fee to the lender to process it, and then pay fees to get a solicitor to remove her from the title. She will need to sign a few forms with the solicitor to allow this.  

Bobbybear1

Thank you. So if she refuses to sign the forms, she probably won't, then she cannot be removed?

user1977

Not unless you can clear the mortgage by other means, which would generally mean selling the property (which she could be forced to do).

kingstreet

You would have to go to court and obtain a power of sale for the property if you are unable to secure the cooperation of the other party.