Coming off a mortgage

scaffguy1

Hi can anyone help, myself and my ex partner purchased a property in 2013 and we separated in 2017. I left the property and my ex stayed on with our 2 children. She did not wish to leave the family home which is obviously fair enough. She told me She would take over the mortgage in her name ( she has a well payed job in a high st bank). In 2019 she moved her new partner in and they had a child together then 2 years later he left her.
I've been asking her for years to remove me and she kept making excuses e.g covid.
I have been with my new partner since 2018 and were obviously wanting to move on with our lives.
My ex didn't pay the mortgage for 6 months last year and had the arrears added to the mortgage without my knowledge or consent. She didn't advise she was struggling she did coincidentally cut off all contact with me & herself and i have had to communicate for contact directlywith the children.
She now tells me she is unable to take over the mortgage as she cannot approve affordability. She sent me a message with a laughing fave saying there's nothing I can do until the youngest is 18 ( she's 10 now)
She's totally wrecked my credit and says I'm also entitled to nothing as I haven't paid in so its tough luck.
Just to clarify I am asking to be removed and do not want any money however it hardly seems fair. There is almost 90k equity in the property so I am satisfied that my children won't be affected financially if she needs to sell in order to get me off the mortgage.
I have emailed a mediation company today to try and see if the issue can be resolved amicably but I don't hold out much hope.
Do you think there's a chance the courts would rule in my favour? Or am I to be kept a financial prisoner until 2035.

There are no maintenance issues and I habe always had my children at weekends.

Any advice greatly appreciated

Brie

As I understand it you are entitled to half the value of the property until such time as it is sold or possibly only until the agreement has legally been made.  So by a mediation service or court rather than the 2 of you chatting it through.  

That said courts are very reluctant (as I understand it) to do something drastic like force a sale where there are young children involved.  

But the whole thing makes me wonder what has happened between 2017 and now that she can no longer afford the mortgage on her own.  I'm guessing that having 3 children is expensive and possibly the recent ex partner left her with debts.  Possibly her job has been derailed if she has been deemed to be spending too much time with her children instead of working (possibly discrimination but that doesn't stop all managers/employers.)

Overall - we can make lots of guesses and suggestions but until you talk to someone official you won't know for sure.  

scaffguy1

Brie said:

As I understand it you are entitled to half the value of the property until such time as it is sold or possibly only until the agreement has legally been made.  So by a mediation service or court rather than the 2 of you chatting it through.  

That said courts are very reluctant (as I understand it) to do something drastic like force a sale where there are young children involved.  

But the whole thing makes me wonder what has happened between 2017 and now that she can no longer afford the mortgage on her own.  I'm guessing that having 3 children is expensive and possibly the recent ex partner left her with debts.  Possibly her job has been derailed if she has been deemed to be spending too much time with her children instead of working (possibly discrimination but that doesn't stop all managers/employers.)

Overall - we can make lots of guesses and suggestions but until you talk to someone official you won't know for sure.  

She can afford to pay the mortgage but she cannot prove affordability to the lender as her salary doesn't cover it and she's now extended it by an extra 5k. The mortgage is £600 a month and she has an income of atleast 2k a month not including whatever maintenance she gets from the other father.
Would the courts take into account that there is a 3rd party responsible for the housing needs of one of her children?

Would 90k equity not be enough to satisfy a judge that my children will not be homeless?

What's more annoying is her outrageous spending habits ( which was the reason we separated) she has 3 horses that she pays for every week but she chose to stop paying the mortgage and not for her stables.

Thanks

elsien

This whole thing about the children having to stay in the same house till they’re 18 just isn’t true. However, forcing a sale is going to be costly. I think this is one you’re probably going to need proper legal advice on. 

RAS

Just to confirm, you said partner, so not married, or in a civil partnership?

scaffguy1

RAS said:

Just to confirm, you said partner, so not married, or in a civil partnership?

Yes we were never married.