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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11739
Experience:  30 years as a practising solicitor.
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Hi I am in a mortgage with my ex partner, we split nearly

Customer Question

Hi
I am in a mortgage with my ex partner, we split nearly 3 years ago. I have offered to sign the house over to him and remove my name from the mortgage which he agreed to. I signed paperwork from the our mortgage provider and now my ex is saying he won't pass the affordability as he told them he was getting rent from a flat he is renting but the tenancy for that is in his mothers name therefore he said he won't get the mortgage. He has asked me to stay on the mortgage for 6 months to a year so he can save money. He is renting out our old flat. I am engaged now and have moved in with my partner, who had to get the mortgage on his own for our new home as lenders are saying I am a liability because of my situation.
I seem to be stuck now any advice would be appreciated?
Thanks
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If his suggestion is not of any attraction to you, the only other options are:
1. he applies for a new mortgage elsewhere in the hope that he will pass affordability, or,
2. He either agrees to sell the house or the house is sold by way of court order. The problem with the court order is that it would take six months to get.
The other option may be that his mother assigns the tenancy to him so that he can validly declare the income. I don't know if that has already been thought of.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


 


Thank you for answering my question, I have spoken to my ex partner suggested some of the things you said in your answer to me but he has since rented the flat out to someone on a 6 months lease! As I am still tied to this flat even though I have moved into a new home with my fiancé can I get something drawn up by a solicitor saying that I am not liable for anything whilst the flat is being rented as this is not what I wanted? I know that if the flat becomes vacant again I will have to pay half the mortgage until we can sell which I am fine with but up until then I don't want to be responsible for it?


 


Thank you


 

Expert:  JGM replied 3 years ago.
Yes , you can enter into an agreement with your ex to the effect that as he is getting the rent, he is responsible for the mortgage and all other outgoings during the period that the property is let. You should also try to incorporate a provision that the property will be sold or he will buy you out and there should be a long stop date on this so that you know that if he doesn't buy you out, the property will then be marketed.