Taking my name off joint mortgage

tightauldgit

GarfieldEatsLasgne said:

That's good advice. I will mention this to her and see if it inspires action. The only thing putting me off the court orders would be the cost. But like you say 20 years of worrying about her missing a payment and having bailiffs knocking at my door isn't really on.

I agree I, nor she, could force anybody to act as the guarantor but she had mentioned somebody was willing, but then nothing ever came of it.

If you can do it without solicitors then it's not THAT expensive to initiate a court action - a few hundred quid. The expense comes when solicitors get involved. In my experience if you are clear on what you want and what you are asking for is sensible and not that complicated then it's not that intimidating to go through the court representing yourself.

ElwoodBlues

How old is your daughter? After the status quo has gone on this long, the court might be less likely to force a sale now - they're more likely to tell you to wait until your daughter turns 18. You should definitely make things clear to your ex that as soon as daughter turns 18 things will need to change.

When did you move out of the house, how much did you contribute to the mortgage repayments before you moved out, and and how much deposit did you contribute? Was anything agreed on equity/share of ownership (deed of trust) at the outset?

Agreeing to waive any claim to equity on the house is your biggest bargaining chip here, so if you don't legitimately have any significant equity then it gives you less leverage (but still, the threat of pursuing it might be enough).

GarfieldEatsLasgne

She's 13 now so a few years yet. I moved out about 10 years ago, I probably paid the monthly payments for about 4 years prior, also paid the full deposit (I think it was around £5-8k) and paid for a new roof on the extension (about £2-3k). I think I will be making it clear that things will change when she gets to 18.