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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am looking to get my name removed from a joint mortgage

Resolved Question:

Hi, I am looking to get my name removed from a joint mortgage with my ex partner. We took it out in September 2005 and had a 5 year fixed rate, after nearly a year we separated and she stayed in the house as she had a child. The plan was for her to get my name removed from the mortgage or remortgage and take it on her own. Since then I have heard very little from her and she is very difficult to get in touch with. I gather she now rents the property out to tenants and lives in another house. I'm just looking how to best deal with the situation to remove my name from the mortgage as I am looking to get another myself. Thanks, Rob
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Is the title also in joint names and is the child in her care yours?
Customer: replied 1 year ago.
Hi there, yes I did a property ownership search and it is under both of our names and no the child is not mine. I have just tried calling her shop to speak to her and she hung up the phone so it looks like she is not willing to cooperate at all.
Expert:  Harris replied 1 year ago.
Thank you. It would be for your mortgage provider to agree to removal of one of the mortagees, and it is unlikely that they would remove your ne from the mortgage if it remains in joint names. In the circumstances you should consider writing a pre-action letter to her threatening proceedings to force a sale of the home, as this would be your option if she continues to refuse to engage with you.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
So who would I see about sending a pre action letter to get things started as it needs to be done?!
Expert:  Harris replied 1 year ago.
You will need to instruct a solicitor who deals with civil litigation - more specifically TOLATA claims. You can check here for local Solicitors: http://solicitors.lawsociety.org.uk
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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