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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a joint mortgage with an ex-partner who moved out 5

Customer Question

I have a joint mortgage with an ex-partner who moved out 5 years ago, as I've had arrears on my mortgage (nearly cleared now) I can't get her name off my mortgage, she wants off it and is now ordering that I sell my house the enable her to get a mortgage with her new partner, can she make me sell?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information requested to fully assist you:

-Are/were you married to each other?

-Were there any formal agreements or deeds of trust?

Customer: replied 1 year ago.
Hi Harris, no we were never married, and no formal agreements or deeds of trust.
Expert:  Harris replied 1 year ago.

Thanks for confirming. As you are joint owners, you both need to agree for the property to be sold. However, if no agreement can be reached then either owner can pursue a civil claim to court in order to force a sale of the property and for proceeds to be divided in accordance with how the property is held on title.

You could attempt to propose for both of you to enter into a deed of trust - this is a formal agreement which can outline that you benefit from 100% of the property and she benefits from 0%, and for you to indemnify her if the mortgage company pursue the arrears against her. This may be accepted by any new mortgage company she approaches when attempting to obtain a new mortgage.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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 using the stars at the top of this page as I will not be credited for my response without a positive rating.

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