Want to be removed out of mortgage, ex wont cooperate

needadvice79

Hi all, i left a jointly owned house and ex wont cooperate in removing my name of the mortgage. He pays nearly the whole amount of repayments everymonth to me andnthe mortgage comes out of my account. I now want to get my own mortgage to buy my own place, has anyone gone to court for partition proceedings that could share their experience? How much would it cost and how long would it take? Property is not in negative equity, i do not want any money out of the sale, he just wont cooperate. Thank you

Calculator123

needadvice79 wrote: »

Hi all, i left a jointly owned house and ex wont cooperate in removing my name of the mortgage. He pays nearly the whole amount of repayments everymonth to me andnthe mortgage comes out of my account. I now want to get my own mortgage to buy my own place, has anyone gone to court for partition proceedings that could share their experience? How much would it cost and how long would it take? Property is not in negative equity, i do not want any money out of the sale, he just wont cooperate. Thank you

Can you provide some more detail and context to the circumstances. It's difficult to ascertain your relationship to each other i.e. are you married, joint mortgage etc.

In normal circumstances both parties on a mortgage are jointly and severably liable. Removing oneself from a mortgage entirely would mean one of you would have to buy out the other ( along with the legal mechanism to that). Unless there are other factors you haven't mentioned, it wouldn't be a matter for court.

Edit: and best advice is to speak to a solicitor. Highly complex area.

needadvice79

Thanks for taking the time to reply, not married but it is a joint mortgage. As he wont cooperate, I understand it will go to court, was just wondering how long and how much approximately to get it sorted. I would love to avoid going to court but seems to be the only solution

phormium

For starters does he have enough income to qualify for the mortgage in his own name? If not the bank won't take you off it regardless of whether he wants to or not, short of selling of course and clearing the mortgage.

Tow

phormium wrote: »

If not the bank won't take you off it regardless of whether he wants to or not, short of selling of course and clearing the mortgage.

Exactly. The bank have final say and they will not take anyone off a mortgage, unless the remaining person meets their criteria to qualify for mortgage of the remaining value.

needadvice79

Tow wrote: »

Exactly. The bank have final say and they will not take anyone off a mortgage, unless the remaining person meets their criteria to qualify for mortgage of the remaining value.

I understand that, I just want to know what to expect in court, cost and duration as he is not cooperating. He doesn't even try to engage with the bank to find a solution

Car99

Can the courts force someone to sell a jointly owned asset when there is no get out clause in the joint mortgage agreement?

basill

Car99 wrote: »

Can the courts force someone to sell a jointly owned asset when there is no get out clause in the joint mortgage agreement?

They do it every day as part of a separation agreement and divorce.

Jim2007

basill wrote: »

They do it every day as part of a separation agreement and divorce.

No they don’t. They do it in very specific cases and as the parties are not married... that makes it a very messy situation.

Jim2007

needadvice79 wrote: »

I understand that, I just want to know what to expect in court, cost and duration as he is not cooperating. He doesn't even try to engage with the bank to find a solution

Nobody on here is going to be able to give you any sort of reliable estimates or time lines because your case is not the typical situation. You would be very well advised to seek proper legal advice.

Just because you have split from your partner does not mean that your legal responsibility in respect of the mortgage changes. Three parties entered into this agreement and so long as the other two parties continue to adhere to the terms of the contract there would not normally be any reason for the court to intervene in the situation. Wanting to get out of the contract is not sufficient grounds on their own.

And remember the third party, the bank will play a key role in any proceedings that may come about. They have a legal right to have their interests protected as well.

And this is where you need a solicitor. You need someone to look at both the details of the mortgage situation and your relationship with your ex to see what is the best way to go about achieving the outcome you want. They would be in the best position to provide estimates and time lines.

basill

Jim2007 wrote: »

No they don’t. They do it in very specific cases and as the parties are not married... that makes it a very messy situation.

Read the question I quoted and answered. It was generic.

As to the OP we have no idea as to what their civil arrangements (or otherwise) were as they only disclosed that they weren't married. They were told previously by other posters to seek legal advice and I am sure by now they realise that is the path that they will need to take in order to resolve their issue.