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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32980
Experience:  Over twenty-five years experience
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I had to leave my partner, I want to remove my name from the

Resolved Question:

I had to leave my partner, I want to remove my name from the mortgage but he is unwilling to contact the mortgage company for fear he will not pass a financial assessment to take on the mortgage solely. Is there any other route I can take myself? I want a clean break and do not want any financial gain from the property.
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
On the basis that the property is in joint names and you know longer want to live in the property the reality is that if you can not be removed from the mortgage then the property will need to be sold. As the initial reason for buying the property has changed (you have split up) then you would be entitled to sell the property. This is what the court will allow. The problem you face otherwise is that whilst your name remains on the mortgage you will remain liable for the mortgage (and any arrears should there be some in the future). As such you should formally have the property valued and put on the market unless he can get your name taken off the mortgage. If he refuses to assist then you can apply to the court. Happy to discuss.Please rate positively for me - thanks
Customer: replied 1 year ago.

Thank you, ***** ***** mortgage company are not satisfied with his financial assessment, what happens then? Are they able to force a sale?

Expert:  Thomas Judge replied 1 year ago.
It is in your best interest for you to force the sale. The mortgage company would only do so where there are arrears and you would both be liable for their costs. Please remember to rate positively
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