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Hello

 

I split up from the ex nearly 5 years ago. He still lives in the property we bought together and whilst he paid me back my share when I left, to date will not remove me from the mortgage (tennants in common). Things are acrimonious between us and we don't speak. He is a nasty bully. I have requested he remove me from the mortgage and he said in the past he didn't want to as it would cost him money.

 

I gave him a month on the 6th December to give me an update and to date he's not responding. I think I will need to raise a claim and do this through the courts as he appears to have no intention to remove me. Probably because he will need to remortgage I think and the bank assesses his finances etc. When I knew him he had plenty of money but perhaps that's changed I don't know. I really want to be rid of him and all ties and if he defaults the bank will come after me which isn't great as I'm unemployed.

 

Can anyone advise me on if I'm in my rights to raise a claim and what points I need to put in there?

 

I can't afford a solicitor but I can't have him bully me over this any more.

 

Thanks

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Hello there.

 

I've seen a couple of these queries on the legal forum, I'll move your thread to it and hope the guys will be able to help you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi HB

 

Thanks, really appreciate it!

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Hi wezc and welcome to CAG

 

He is correct to state it would cost money...removing a name from a mortgage is not that simple.Only by way of a re mortgage could you be removed.The only other option is to see a Solicitor and request an Order to declare that you are no longer attached to the mortgage and renounce your liability having accepted payment for your interests.

 

Regards

 

Andy


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Hi Andy

 

Thanks for coming back to me. Going to a solicitor will be difficult as I'm not working at the moment. Could I take this up via a legal claim? It would be £175 I think to raise it but my understanding would be he'd need to pay for it once the process has been completed.

 

Best wishes

 

Wes

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You cant litigate on this dispute...you have suffered no loss therefore you cant sue.If you could clarify why you need to removed from the mortgage and why it is adverse to remain?

 

Andy


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Hi Andy

 

I need to be removed as the ex is an unstable, controlling bully and I'm scared that I'm liable if he defaults or that he could do something on purpose to cause me financial stress. He recently tried to take me to court over a separate property matter and screw me over to £15k he wasn't entitled to, for example.

 

Could I then apply to a court to force the dale?

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Well you have been paid for your share of the home so no you cant force sale as nothing is owing.As I stated above your option is to seek an Order that sates you are no longer liable and have no interest in said property or mortgage.

This renounces your liability and severs any ties.Makes no odds if he defaults then.

 

Regards

 

Andy


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Hi Andy

 

Thanks for confirming that, it's been very difficult to find definitive answers up until now. So it basically sounds like he doesn't have to do anything, if he doesn't want to, and it's all my time and expense to sort this out? Ouch :(

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Is this something the op could do herself through the county court? Got a friend in the same situation! Bully of an ex as well. See Op, never really alone are we?!!

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Its something a Solicitor normally performs within the divorce proceedings....and not really for the Litigant in Person.


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Hi Andy

 

Just to clarify, I can't make him remortgage that flat to remove me (is that correct?) and if so, the only other option is to get a Order to declare I'm no longer attached to the mortgage. He seems to have an easy time of this. Can I then claim for the costs associated with the solicitor and Order as I will be at a financial loss?

 

What if he refuses to sign it? He is extremely difficult and would take delight in making this as hard for me as possible. I'm just need to know what all my options are.

 

Thanks

 

Wes

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Hi wez

 

Unfortunately costs only follow in a claim...either to the winner or loser.It could be that you are exempt from costs if unemployed or low income ( check the Courts website and download the EX160A)

You may be able to approach a Paralegal to instigate the application rather than a Solicitor...if you have no access.

 

It would not require your ex agreement to the Order it would be approved by the court.

 

Regards

 

Andy


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I have been in a similar position to you except I wanted my ex husband off the deeds and fortunately he agreed. However my mortgage company refused and I had to get a new mortgage completely costing me a lot of money. I also had to pay £200 for an insurance policy protecting my ex in case I went bankrupt within 5 years. I know this perhaps isn't that useful for your immediate problem just wanted to say it's not as easy as it seems. also please make sure you get that insurance to protect you from being chased for any more cash. I hope you get sorted soon.

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Hi Andy

 

Thanks, I'll get that form and find a paralegal I guess. This is the only option? As a result of doing the Order, does a copy go to the lender, would he need to remortgage?

 

uneverdid - thanks for sharing with me. He has said he doesn't want me on the mortgage but will only look into when he's ready, which could be never to be honest. just so grossly unfair that it s all down to me, my time and finances when I'm unemployed and he has thousands in the bank.

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No it does not go to the lender its merely a Legal Order that protects you and renounces any liability with regards to the Mortgage...a Solicitor or Paralegal will advise.Once you have that in place they will also advise with regards to the deeds and Land Registry.

 

Just playing devils advocate though wezc what happens in 25 years time and the property is worth double (well you never know!!!!!) you realise you will not be entitled to any of the extra equity.

 

Regards

 

Andy


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I don't think this is something your ex can do whether he is a bully or not. Remember that the mortgage is there to protect the bank. When you sign up to a joint mortgage, you take on joint liability for the debt. Only the bank can release you from that obligation. The bank might agree to release you and let the ex take on the debt by himself, depending on among other things (1) your ex's income, (2) your ex's credit rating and (3) how much equity is in the house. If your ex has a poor credit rating then I guess the bank might require him to pay a higher interest rate than he does at the moment.

 

I don't think the court would release from you the mortgage because it doesn't have a basis for interfering in the contract between you and the bank. If your ex does not keep up repayments you would be liable for the shortfall. The court might make an order that your ex is required to reimburse you for anything you pay to the bank (obviously this would be useless if your ex is bankrupt or cannot be traced), but I don't think the court would make an order that you don't have to pay the bank.

 

What the court can do is order that the property is sold under section 14 Trusts of Land and Appointment of Trustees Act. The sale proceeds would then be paid to the bank and the mortgage would be discharged, releasing you automatically. If your ex refuses to cooperate and won't approach the bank, then asking the court to order that the property is sold would be your only real option apart from sitting back and hoping he keeps up repayments. Hopefully the threat of this order (and the possibility of him being liable for your legal costs) would nudge him into cooperating. Realistically you would want to instruct a solicitor on this.

 

There is a short guide here: http://www.money.co.uk/article/1006150-what-divorce-means-for-your-mortgage.htm.


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Hi Andy / steampowered

 

Andy - well I have considered being left on the mortgage as it would be nice to benefit from when it is sold as I put all the effort into buying it, but he paid me back my share when I left and now after 5 years since the split I just want to cut all ties completely. Plus he d only be difficult or take me to court over some such matter as that s pretty much all he communicates to me these days via email and I just want to get on with life.

 

Steampowered

 

That sounds like the best course of action. I would hope that I would win, and the flat be ordered to be sold, as there is surely no dispute, it s not appropriate for me to still be on mortgage. If my fees to raise this Order and solicitor fees are under £5k would he still have to pay? No money is being claimed in this, I just want the order for the property to be sold. I m sure I read somewhere that in a civil claim, when less than £5k is involved, you pay your own costs. I m not claiming money though... Would he have to pay my legal costs regardless of what they are? He could also pretend he s not going to do anything, let me rack up solicitor fees and then half way towards the hearing decide to contact the lender etc to take me off, subsequent re mortgage for him, and yet again get me to waste time and money? Hopefully you can see what I m dealing with!

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That sounds like the best course of action. I would hope that I would win, and the flat be ordered to be sold, as there is surely no dispute, it s not appropriate for me to still be on mortgage. If my fees to raise this Order and solicitor fees are under £5k would he still have to pay? No money is being claimed in this, I just want the order for the property to be sold. I m sure I read somewhere that in a civil claim, when less than £5k is involved, you pay your own costs. I m not claiming money though... Would he have to pay my legal costs regardless of what they are? He could also pretend he s not going to do anything, let me rack up solicitor fees and then half way towards the hearing decide to contact the lender etc to take me off, subsequent re mortgage for him, and yet again get me to waste time and money? Hopefully you can see what I m dealing with!

 

Claims under 5k normally get allocated to the small claims court. In small claims costs normally are not awarded. Even though you are not claiming money, the house is worth a lot more than 5k so this would not be in small claims - it is very likely that the winner would get their legal costs. He could arrange for a remortgage before the hearing, but that shouldn't stop a competent solicitor from claiming their costs.

 

Whether you would win depends. If he finds it difficult to remortgage and lives in the house as his home, then he would have grounds to resist. The court has discretion whether to grant an order for sale so it will listen to what both sides have to say. Good luck with this.

Edited by steampowered

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Hi everyone

 

My ex partner of 6 years ago will not take me off the mortgage. I was paid off and I have no financial interest in it but I will be held liable if he defaults and I just want to be free.

 

I have requested several times to be removed and the latest is that a solicitor's letter was sent requesting he arranges removal or that we would be apply for an order of sale through the courts.

 

The solicitor now wants £500 on account for ongoing work and to get a barrister on board as she says it needs to go to court. I just can't afford this and I know each letter, phone call, email etc is costing £20+. I'm a low earner so it's is very difficult for me but at the same time I'm living in fear of him defaulting and landing me in it.

 

I think it's quite straightforward for a judge to decide, should it even go that far - but I need help with the forms and advice on these in terms of what I can claim for (costs to date? my time?) I have no idea as no one will give me a straight answer. Even which forms to use..

 

Any help would be hugely appreciated!

 

Thanks so much in advance :)

 

Wez

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You don't need to go to that expense wezc4 :-

 

Transfer of Equity :- http://www.diyconveyance.co.uk/transfer-of-equity.html

 

Regards

 

Andy


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I don't think this is something he can do by himself. The lender has taken a credit risk based on your joint incomes and based on both of you being liable for the debt. Unless he remortgages or the property is sold I believe the lender would have to consent before you can be removed from the mortgage.

 

Have you tried contacting the lender to see what is required? There is no point asking him to take you off the mortgage if the lender does not feel he has sufficient income/credit rating to service the mortgage himself.


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It can be done I have done it myself as advised by my Mortgage Lender.


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It can be done I have done it myself as advised by my Mortgage Lender.

Interesting. Did the mortgage lender need to sign anything?

 

The link you posted says "Even if you don't need to remortgage or raise any money on the house to buy the additional share, you will still need to get consent from your current lender. They will need to execute the transfer document as well and they must have approved the transfer before you appoint a conveyancer to help you. The mortgagee is not obliged to allow the transfer to take place if you can't prove that you can afford the mortgage payments."


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