Removing Ex from Mortgage and Deeds Without Knowing Their Location

IMconfused

My partner and I own our house as Tennent's in law, we contribute equality, equal deposit amounts and mortgage payments. Therefore a simple clean 50/50 equity split.

No other debts or loans secured against the property. 


I am going to lay the facts out with no emotion as its pretty awful. 

I want to break up, they say if we break up, they are done with life and will just disappear nobody will see them again. In this horrible scenario assuming we found the body would be simple to resolve. 

The problem comes that when I have said it is cruel and manipulative to place this scenario on my conscience, they responded by saying 'fine, I will just disappear'. 

They seem convinced that after two years I can declare them dead and all will be well even with no body. (I know this is not true, I also know that as an unmarried partner I can't even apply for a presumption of death certificate after the 7 years.)

I know you can force a sale of a property if the other person is not co-operating, but none of the scenarios I have seen mention the person forcing the sale remaining in the property or what happens when the person you are trying to remove is uncontactable. 

I want to stay in my home, I can afford it on my own but i don't want to be trapped in a house i cannot improve without giving them 50% of the benefit of this work or sell should I need to. 

On to the questions.

 If they do disappear and I have no way of contacting them, how can I remove them from the mortgage and remain in the property?

What is the type of court order I would need to apply to called? 

DE_612183

Has your partner made a will of any sort?

Also the bit about an unmarried partner - have you investigated that fully - see this link: https://www.wrighthassall.co.uk/knowledge-base/who-can-apply-for-a-presumption-of-death-declaration-for-a-missing-person#:~:text=In the recent case of,determination of the application, but

DullGreyGuy

IMconfused said:

My partner and I own our house as Tennent's in law, we contribute equality, equal deposit amounts and mortgage payments. Therefore a simple clean 50/50 equity split.

No other debts or loans secured against the property. 


I am going to lay the facts out with no emotion as its pretty awful. 

I want to break up, they say if we break up, they are done with life and will just disappear nobody will see them again. In this horrible scenario assuming we found the body would be simple to resolve. 

The problem comes that when I have said it is cruel and manipulative to place this scenario on my conscience, they responded by saying 'fine, I will just disappear'. 

They seem convinced that after two years I can declare them dead and all will be well even with no body. (I know this is not true, I also know that as an unmarried partner I can't even apply for a presumption of death certificate after the 7 years.)

I know you can force a sale of a property if the other person is not co-operating, but none of the scenarios I have seen mention the person forcing the sale remaining in the property or what happens when the person you are trying to remove is uncontactable. 

I want to stay in my home, I can afford it on my own but i don't want to be trapped in a house i cannot improve without giving them 50% of the benefit of this work or sell should I need to. 

On to the questions.

 If they do disappear and I have no way of contacting them, how can I remove them from the mortgage and remain in the property?

What is the type of court order I would need to apply to called? 

So this is all hypothetical because they haven't actually disappeared?

People make all sorts of threats in emotional situations and very few are followed through on. Very few people truly disappear, clearly its easier for those that hold an overseas nationality, especially if its outside of europe/n.america etc but most people dont actually want to live abroad or never speak to their family again etc etc. This is were tracing agents come in. 

powerspowers

Hi @IMconfused
that does sound very manipulative and for me, a parter being unwilling to let you move on with your life is a big red flag. 

Are they manipulative or controlling in other ways? There’s some links to resources here https://forums.moneysavingexpert.com/discussion/6090298/domestic-violence-financial-and-economic-abuse?utm_source=community-search&utm_medium=organic-search&utm_term=domestic+abuse 

do let us know if there’s anything else we can support you with x

Yorkie1

Might be worth (safely) starting to make a note of various info which might be helpful in the event you need to employ a tracing agent. For example, their national insurance, passport number, driving licence number, contact details of family and their good friends.

And keep the info saved somewhere they won't know you have noted it / they can't delete it.