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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My ex and I split up about 3 and a half years ago and still

Customer Question

My ex and I split up about 3 and a half years ago and still own a property together of which she lives in and pays the mortgage. I now want to remove my name from the mortgage agreement and transfer everything over to her. We've attempted to settle it between ourselves however she is dragging her heels and keeps telling me it's not possible at the moment due to the mortgage company.

What are my options?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello. My name is XXXXX XXXXX I can help you with this.

tdlawyer :

Is it possible for her to get a mortgage with another lender that will allow her to have the mortgage on the house in her sole name?

JACUSTOMER-tc8sjeh3- :

unfortunately there is no real way for me to tell anymore as it's been over 3 years since our separation. However, if I am to believe our current communications I would assume she is having difficulty

tdlawyer :

Okay. Can I ask why you want to transfer it all straight-away to her?

JACUSTOMER-tc8sjeh3- :

My circumstances have changed considerably in this time and I am considering options of buying my own property (potentially with someone else), however with my name on that mortgage I will struggle with this.

tdlawyer :

Okay. The problem you have is that unless she is able to afford it on her own, the existing lender will want to keep your name on it too. This makes it hard for you too for reasons like you say.

tdlawyer :

The only real way forward is usually for the property to be sold and for her to buy something alone that is more affordable.

tdlawyer :

You could transfer everything you have in the property to her, even now, but that is a different thing to the lender wanting your name on the mortgage still.

JACUSTOMER-tc8sjeh3- :

She won't want to sell the property

JACUSTOMER-tc8sjeh3- :

we've already discussed this, so what are my options to get my name off the mortgage?

tdlawyer :

It can be difficult ... but unfortunately, there is rarely another option.

tdlawyer :

The only way left for you to get your name of the mortgage is to sell the property, without her consent if you need to.

tdlawyer :

Or, perhaps, for you to pay off some of the mortgage to make it smaller so the lender is more willing to take the risk on your ex being on the title to the property on her own.

JACUSTOMER-tc8sjeh3- :

I have no wish to finance the house anymore as I haven't lived there for over 3 years, neither could I afford too.

JACUSTOMER-tc8sjeh3- :

Is it possible for me to force the sale of the property?

JACUSTOMER-tc8sjeh3- :

how would I do so, if possible?

tdlawyer :

Yes, you can. You would have to issue a claim at Court to do this, but it's pretty easy to do. You have to issue a Part 8 Claim Form, and ask for an order that the property be sold under the court's supervision, as you are unable to reach agreement between you. The form you need is a Part 8 Claim Form (http://www.legislation.gov.uk/uksi/1986/1078/regulation/103/made)

tdlawyer :

I'm assuming you have no childeren living with her?

JACUSTOMER-tc8sjeh3- :

No, we have no children, and you may want to review that link? It links to "The Road Vehicles"

JACUSTOMER-tc8sjeh3- :

Do you have the correct link?

JACUSTOMER-tc8sjeh3- :

The link you provided was incorrect and I have been provided with only 1 piece of information I wasn't aware of.

Expert:  tdlawyer replied 3 years ago.
Expert:  tdlawyer replied 3 years ago.

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