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.
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.
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?
Yes I made him sign a receipt saying that it was payment equity that he may have in it.
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.
Thanks. One final thing. Do I have to pay all the court costs first and then claim back from him. He hasnt paid yet.