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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2723
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Is there anyway my son can get his ex partner off of the mortgage,

Resolved Question:

Is there anyway my son can get his ex partner off of the mortgage, they have not lived together for six years.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Just a bit more information to fully assist you:-Are they/were they married?-Who lives in the property?-How old are the children and what are the arrangements for them?
Customer: replied 1 year ago.
No they were never married. She moved out with their three children and he pays her maintenance. He lives in the house on his own and has done for six years. He has the children every other week end
Customer: replied 1 year ago.
Sorry the children's ages are 9 7 and 5
Customer: replied 1 year ago.
Are you still there Harris?
Expert:  Harris replied 1 year ago.
Thanks for the confirmation. If he wishes to have her name removed from the mortgage, then he will need to make enquiries with the mortgage company as to whether they will agree to him taking it on solely - they will assess this based on the circumstances and whether he can afford to take sole responsibility of this. As the property is likely to still be in joint names, the mortgage provider will likely only agree to take her name off the mortgage if he can afford to take it on solely and if the property is transferred to his sole name - therefore he needs to discuss this with her to see if she will agree to transfer her share to him. If the mortgage cannot be transferred to his sole name, then he can prepare a legal document that they both sign confirming that she is not entitled to her share upon sale of the property - this document is known as a deed of trust and a solicitor can prepare if for them.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.
She will not agree but is there something that says she has to pay half the mortgage or arrears if she wants to sell the house?
Expert:  Harris replied 1 year ago.
As the mortgage is in joint names, you are both jointly and severally liable - this means that the arrears can be pursued against you both, or against either of you. If the arrears were accrued when she was not living there then it will be difficult to pursue her for a share - if they were accrued whilst you were both living there then it is more reasonable to pursue her.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
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