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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 partner but I left the family

Customer Question

I have a joint mortgage with my partner but I left the family home two and a half years ago due to us splitting up.
I need to get myself off the mortgage but the bank will not transfer this over to her in her sole name, what are my options regards ***** ***** name off the mortgage.
We have a 10 year old Daughter who lives at the property, do I have to leave my name on the mortgage due to this.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
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 themortgage?
Clare
Customer: replied 2 years ago.

Hi,

Not exact figuers but id suggest house value would be around £220,000 with an outstanding amount of £185,000.

Im not trying to take any equity from the house all i need is to be able to come off the Mortgage and Deeds

Expert:  Clare replied 2 years ago.
Hi
What mortgage capacity does your ex actually have - and how much does a cheaper two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

Hi,

She has missed payments on the current mortgage which has created an issue for her and her credit rating.

Other issue which my be there is that she also has a 14 year old son at the porperty (not my child)

Id say a property in the area would be around £150,000

Expert:  Clare replied 2 years ago.
Hi
How much are the arrears - and how much would a cheaper three bedroom property cost?
Clare
Customer: replied 2 years ago.

Hi,

They are curently up to date as off last month but at its worst i think it was 3/4 months in arrears so around 2100 to 2800

Id suggest somewhere around the £170 to £180 mark for the property

Cheers

Expert:  Clare replied 2 years ago.
Hi
I am sorry - unless your ex is cohabiting the news is not good.
You are under a duty to help house your child until the child is 18, so unless you can show that if the house was sold your ex would still be able to purchase an alternative property then the court will not order a sale.
If she does cohabit then this changes as there is no reason why the new partner should not come on the mortgage with her
I am sorry - I wish the news was better
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare,

I did feel that would be the answer but thought id check to be sure.

Really appreiciate the quick responce and help today

Expert:  Clare replied 2 years ago.
Hi
You are welcome - I wish the news was better
Clare
Clare and other Family Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
You are welcome - I wish the news had been better
Clare

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