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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a joint mortgage with my ex. When he moved out he

Customer Question

I have a joint mortgage with my ex. When he moved out he insisted that I apply to have the mortgage on my own and remove him from it because he no longer wanted anything to do with it. I have done this and received a formal mortgage offer from the lender. I appointed a solicitor to do the transfer of equity and when my ex received the TR1 from them to sign he has refused saying he would now rather stay on the mortgage and force me to sell the house later as he is applying IVA as he is in a financial mess. (The solicitor has advised me to seek advice from a family law solicitor.) Can my ex do this? I also paid him an agreed amount when he moved out.  He was only in the house months.  He moved out in November 2013.

Thank you

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How much did you pay him?
Clare
Customer: replied 2 years ago.

Clare

We bought the house in Aug 2013 for £99 950 and currently on Zoopla it is valued at +-£104 000 (I havent had a formal valuation done). The mortgage was 000.00

He was in the house 3 months and therefore made 3 contributions to the mortgage. The mortgage payment is 562.50 so that means he paid a total of 281.25 x 3 = 843.75. He also paid 140.00 towards a new fence.

When he left in November 2013 I paid him £1 500.00

I have paid myself since then. I took out a loan of 6800 deposit and I also paid 3500 new boiler installing when we first moved in. He has paid .

Outstanding on the mortgage is +- 87000 which is the amount on the mortgage offer I have had from the bank.

Thanks

Expert:  Clare replied 2 years ago.

When you purchased the property did you protect your investment with a Declaration of Trust?
Clare
Customer: replied 2 years ago.

No I didn't but to be honest I didn't know much about anything as this is the first time I have been involved in buying a house. We are also joint tenants but I am going to change to tenants in common as I have been told this is better.

Since he left, this past year all he has done is threaten and harrass me to get his name off the mortgage and now I have done that he is refusing to sign?

Expert:  Clare replied 2 years ago.

When you agreed to pay (and did pay) him the £1500 is there any record (text email note) confirming that this was in exchange interest in the property?
Clare
Customer: replied 2 years ago.

Yes I made him sign a receipt saying that it was payment equity that he may have in it.

Expert:  Clare replied 2 years ago.

That is excellent news as it means that you can claim proprietary estoppel - that when you paid him the £1500 you did it on the basis that he would transfer the property to you when you could release him from the mortgage
you can read a case which explains the consent here
http://uk.practicallaw.com/0-585-0528#null
This will protect you if he does go bankrupt.
You should tell your ex that if he does not sign the paperwork you will make an application to the court Order that he do so - and claim costs against him
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

.

Just a final question. If he still refuses to sign, can I apply court order myself or do I need to go through a solicitor.

Expert:  Clare replied 2 years ago.

You can do it yourself but it is not the most straightforward of applications
Clare
Customer: replied 2 years ago.

Thanks. One final thing. Do I have to pay all the court costs first and then claim back from him. He hasnt paid yet.

Expert:  Clare replied 2 years ago.

Yes I am afraid that you have to pay them upfront to start with
Clare