Getting my ex of the mortgage after 13 years

Sijo9121982

So, me and my ex (never married or had any children) got a joint mortgage (with Northern Rock) back in 2006, he left and walked away in 2009 and ever since then I have lived in the property and continued to pay all mortgage payments on my own. I now want to sell and his name is still on the property. Since 2009, he has moved area and changed his name by deed poll. I don't know where he is or how to contact him and even if I did he wants nothing to do with me or the property. Is there anyway after 13 years i can get his name off the mortgage without his signature? He told me when he left he was changing his name and destroying all ID from his birth name as he didn't want 'his old life' catching up with his new life. So even if I could get hold of him which is unlikely he wouldn't provide his new ID and his deed poll details when signing because that would link his new and old name. Is there anyway way out of my situation?
 

penners324

A remortgage into your name only first? 

penners324

There is a guide on this site somewhere, the 1 on money supermarket indicates a court order may be needed

user1977

Ultimately via the courts, but I expect they'll want evidence that you've attempted to find him (via tracing agents, adverts etc) rather than merely assumed it'll be impossible.

MWT

Are the deeds in both names as well?

Sijo9121982

Yes both names on the deeds.

MWT

Sijo9121982 said:

Yes both names on the deeds.

Hopefully 'tenants in common' then, not 'joint tenants' or you are going to need a court order anyway...

If it is tenants in common, have you discussed with your solicitor how the proceeds of the sale are to be split? Do you have a Trust Deed, or a Declaration of Trust?

Sijo9121982

It is a joint mortgage. No trust deed or declaration of trust. As ive said, I cant get hold of my ex to discuss the proceeds of the sale!

user1977

Sijo9121982 said:

As ive said, I cant get hold of my ex to discuss the proceeds of the sale!

It doesn't sound like you've tried though. Like I said, a court would want evidence of serious attempts having been made. Do you even know that he actually did change his name? 

Sijo9121982

Whats your reason for saying "it doesnt sound like you've tried though"!?
After seeing a Solicitor years ago, he told me to document every time ive attempted to make contact with my ex.
Which I did, I have years of evidence.

MWT

Sijo9121982 said:

It is a joint mortgage. No trust deed or declaration of trust. As ive said, I cant get hold of my ex to discuss the proceeds of the sale!

Still not clear if you are tenants in common or joint tenants but it looks like the Court route is unavoidable either way, have you discussed this with your solicitor?