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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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, I have a mortgage with my ex who left country 6 years ago

Customer Question

Hi, I have a mortgage with my ex who left country 6 years ago and i have been paying for house myself since. When he left house was in negative equity, I now have a new partner who I want to take out mortgage with. My ex says he wants nothing for the house, is there a document I could use to get that signed off and in writing? Can I remortgage taking off exs name and putting on my new partner?
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 the mortgage?
Clare
Customer: replied 2 years ago.
House is worth 160000 and mortgage is 105000
Expert:  Clare replied 2 years ago.
HI
Have you enquired about releasing your ex from the mortgage?
Clare
Customer: replied 2 years ago.

Yes they wouldnt have it and basically said new mortgage is required. I am trying to understand if he is entitled to anything and whether there is any preagreement i can get with him legally prior to obtaining a new mortgage with partner

Expert:  Clare replied 2 years ago.
Hi
Has your ex confirmed in writing that he does not wish to have any payment?
Have you looked into a new mortgage?
Clare
Customer: replied 2 years ago.
Only via email, is there a legal document that would cover me if I got him to sign it?
Expert:  Clare replied 2 years ago.
Hi
May I ask - was he aware of the financial position when he agreed to the Transfer?
Clare