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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9356
Experience:  I have been practising for 30 years.
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I split up with my ex 5 years ago. We brought a house as

Resolved Question:

I split up with my ex 5 years ago. We brought a house as joint tenants. She has been paying the mortage for the last 3 years. And I now want to get off the mortage. She earns £13000 per year and is unable to buy me out. Can I force a sale? We have children together and they live with her in the house. I suggested buying her out and letting her stay in the house paying the mortage value as rent but she has declined. Any help?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Were you married?

What is the value of the house?

Outstanding mortgage?

Have you asked the existing mortgage company if they will agree to remove you?

How old are the children?

How much would a house for her and the children cost in the same area?

Customer: replied 1 year ago.
Never married.
Brought the house for 174k
Now worth circa 220k
Outstanding mortage is 147k
Not asked the mortage company as ex is not giving me out mortage paper work.
Our children are 4 and 8
Houses in the area are around 200k
However she has a boyfriend that now lives with her.I earn 45k per year and could afford to buy her out
Expert:  F E Smith replied 1 year ago.

The equity in the house is approximately £73,000 at best based upon your figures. That is not enough money to buy a house for the dependent children to whom you both have a duty to provide a home until they both reached the age of majority, and are no longer dependent, at aged 18. It’s unlikely therefore that you could force a sale if your ex did not want to sell, for the next 14 years. She is responsible for all the outgoings of the house and the mortgage meanwhile.

I know it’s not the answer you wanted and if there were no children involved the situation would be completely different and you would be able to force the sale.

Can I clarify anything for you?

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Best wishes.


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Customer: replied 1 year ago.
Thank you for your advise. As I can't be removed from the mortage does that mean I won't be able to buy and house for the next 14 years? My concern was that she only pay's £650 per month for the mortage split with her boyfriend and I have to rent a bed sit for £800 per month. It doesn't seem fair that I'm going to be stuck on a mortage for 14 years when with them having two incomes they will have a higher quality of life.