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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
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Hello, the problem I have is regarding a mortgage I took out

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Hello, the problem I have is regarding a mortgage I took out to buy the flat I currently reside in. I purchase the property with my partner at the time. During the recession, she decided to terminate the relationship. As I was have some considerable financial difficulties, I didn't pursue removing her from the mortgage. I did contact the mortgage company, who at the time said it would be no problem removing her from the mortgage whenever I was ready.

5 years later, my ex-partner has been given a 'substantial amount of money' and now she can afford a mortgage of her own. She asked me to take her name of the mortgage, which I said would be no problem. Upon contacting the issuing bank, I was informed that they no longer issued mortgages and only ran a 'closed book' ; the only way to remove my ex-partners name from the mortgage was to apply for a new mortgage from a new lender.

I tried this and was rejected on earnings multiples, as I have a low income, but can still manage to make my current mortgage repayments. I explained this to my ex-partner, who I must add, has never made a mortgage, council tax or utility payment in all the 14 years I have lived here, however, she did put £10000 pound into the deposit.

Today, I received an email, giving me 30 days to find a remortgage, find a guarantor to buy her out or sell the property.

Where do I stand legally?


Rodney Forte

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are the deeds in joint names?

What does she want out of the property financially? Anything or nothing?
Customer: replied 4 years ago.


Yes the deeds are in joint names. Originally, she just wanted to remove her name from the mortagage, but is the email I received today,


"Dear Rodney,

I have sought legal advice regarding the situation we have found ourselves in with 24 Green Lane. I am informally asking you again to remortgage the flat or maybe go down the road of finding a guarantor to buy me out and enter into the mortgage with you, so that I can come off the mortgage and receive recompense for my investment.

I have been advised to give you 30 days on receipt of this email to come up with a solution. This is nothing personal and should have been resolved 5 years ago.

Regards Joy"


Many thanks


Rodney Forte

Thank you.

Unfortunately, she was absolutely correct although she does miss out what she is financially entitled to.

That is 50% of the net equity after the mortgage and selling and legal costs are taken into account.

Any work that you have done over the last five years will also be taken into account and will increase your share.

Unless you are able to raise the finance either from your current lender (which is not possible it seems) or a new lender even if you need a guarantor) the only option is to sell the property. If she were to take you to court for what is known as an "order for sale" she will get that order and she is likely to get caught costs awarded against you.

I'm sorry to inform you therefore that if you are not able to find a lender that can take you on under any circumstances, you will have no option but to sell the property.

She cannot be made to stay on a property that she no longer wants to be involved with

I'm sorry that this is bad news for you

Can I clarify anything?

Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.



Thank you for your reply.


So even though, we have never been married, or co-habited and she has not paid a single penny to any payment or upkeep of he property, she is still entitled to 50% of the proceeds?


How does the 'order for sale work', do they set a time limit and a price, for example?





Unfortunately, the court will split the property 50-50 if there was no agreement that it should be otherwise.

That applies regardless of what each of you put in.

That is assuming that it is sold as soon as the relationship broke up.

In your case, contributions you have made since the relationship broke up will be taken into account.
The court can make any order it wishes including the sale price and which agent and solicitor to be used.

If she thinks that you would obstruct the sale or put viewers off, it is possible for the court to order viewings where you were not present and even order you to move out of the property during the sale process.

If you refuse to sign any documents, the court can sign them for you and you will usually have to pay court costs if she has to make an application to court to get the court to execute documents
Customer: replied 4 years ago.

Hello again,


My personal situation is, I am about to embark on a Post graduate teacher training course, which, if successful, would take me a year to qualify.


Would any of this be taken into consideration if my ex-partner got an 'order for sale'?


Many Thanks


Rodney Forte

I'm sorry but it would not because the court will not order your ex-partner to suffer any detriment because you are undertaking a training course.

The court would simply view it that you could move house and if necessary, into rented accommodation
Customer: replied 4 years ago.



As we are both on the deed could I suggest that my ex-partner buys me out and sell the property herself?


On the question of renting, would affordability to rent be considered? As currently it would cost me more to rent a single room in a rented house than the cost of my mortgage. Hence, rendering me technically homeless?


How long does it take to get put a 'order for sale' in place?


Many Thanks


Rodney Forte

Yes, you can do that if she wants to but even the court cannot make her do that.

Affordability of current mortgage versus renting is not a consideration for the court.

It could take a few months to get to court depending on the court workload

Customer: replied 4 years ago.

In this case, the court is only concerned with the detriment caused to my ex-partner for being on the mortgage, yet would not consider any detriment to me being literally homeless if I was forced to sell the property? i.e any detrimental considerations lie solely with that of my ex-partner, any detriment to myself would be insignifcant.


If I was to ask my ex-partner to buy me out, would I ask for the current market price, or the price we orginally purchased the property for?

I fully appreciate what you are saying about being homeless but that is a practical and emotional issue and not a legal one.

If you are asking your ex-partner to buy you out, it really comes down to what price you can agreed between you and that would usually be based upon the current value taking into account the fact that you may have repaid some of the capital