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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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My partner and I separated 8 years ago. We have a joint

Resolved Question:

My partner and I separated 8 years ago. We have a joint mortgage and a son who is 11.
My partners pays maintenance unofficially into my bank account.
I have been paying the ,mortgage and all bills myself for this period.
My ex has now decided he wants his name removed from the mortgage and is willing to walk away with no money. I on paper according to the mortgage lender cannot afford the house on my own (even though I have been ).
Can my ex force me to sell the family home??
Where do I stand legally??
Thanking you in advance
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
You ex can insist that he is removed from the title and if you can't take on the mortgage on your own he could insist on a sale. To avoid this you should see a financial adviser who can explain your specific circumstances to your lender or alternatively find an alternative lender to take you on based on the fact that you have been paying the mortgage for many years without any help from the co owner. It is important that you fully investigate the mortgages that might be available to you because legally your ex can insist on a sale. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
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