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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have a joint mortgage with my ex partner (we were not

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Hello, I have a joint mortgage with my ex partner (we were not married) and we have separated and I have moved out of the house. I didn’t put any money into the deposit of the house but my income allowed us to borrow the amount we did. I simply want to come off of the mortgage, I didn’t know how easy this would be and what I am/am not entitled to? Any help would be greatly appreciated. Thanks
Assistant: Where are you? It matters because laws vary by location.
Customer: Somerset, UK
Assistant: What steps have you taken so far?
Customer: None. My ex partner is telling me that he can take me off the mortgage when he comes to remortgage in July but I wanted to come off earlier than that.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

The law in terms of non-married couples states that you get out what you put in to the property. This is contrasted with being married where one spouse may have a claim despite paying nothing. So, your contributions to the mortgage balance and anything else of significance would mean you can expect some equity out of the property when it sells, or if you want to sell your share (you can sever the joint ownership to tenancy in common whereby you then have a distinct share to do what you want with).

3 valuations of the property would be needed and then you would need to work out the equity owed to yourself. You can apply to the county court to force a sale of the property if your ex doesn't agree, or doesn't agree to buy your share out. To get you off the mortgage it either needs to be sold or your ex remortgages the property.

You say you want to come off earlier than July - if your ex disagreed then unfortunately you are looking at several weeks if not months to force a sale. In all likelihood by the time the court lists a hearing for you, it would be past July, so you may as well agree to the remortgage but ensure that what you are offered is reasonable given 3 valuations of the property (take the average market price and work out your equity).

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 7 months ago.
Hi Jim many thanks for your help:So a few things please hopefully can help.1. He has told me that he wants to rent the house out. If I sign something to allow him to do this is there anything I need to be careful of? If he is changing the mortgage to rent it out could he not take me off the mortgage then as you said he would need to remortgage the property or does this work differently.2. Are you saying that as we are not married then I would not be entitled to any equity of the value off the house. I did not pay anything towards the bills or down payment. However he needed to put me on the mortgage in order to afford to buy the house? It’s fine if not I just want to be clear.3. He also owes me some
Money on my personal credit cards. Maybe this is irrelevant and I can’t do anything about it as they are my personal cards.4. Finally I have attached his latest message to me with what he is suggesting. Is there any other options than those or what you are saying to sell the house?His message is attached below:Hi ***** do I want things to end up? Well I wish you’d come home but that’s not going to happen. I just want you to come home but I know how you feel. And I respect your decision.It’s not complex, I’m just throwing things out there to consider.So these are the two options. Really simple, I don’t want to go to the solicitors at all if we don’t have to.Option 1
As agreed, I will pay what I owe on the cards, about £6500. I have already paid £2250 but obviously some of that is interest. But basically I will pay about £6500 + interest off your cards so that means about £5000 left so that would be once the window loan comes off my credit file so (hopefully end of Feb as it takes about 4 to 6 weeks to clear off your file). Then once the last £5000 is paid we will take you off the mortgage as you requested.Option 2Both of us have to sign some paperwork from Halifax and the estate agent so we are able to rent the house out. If we rent the house out I will have about £4000 extra a month so I will pay off ALL of your cards off COMPLETELY and then in September, when I have to renew the mortgage I can take you off the mortgage. It’s as simple as that.My main issue is that I’m paying for a house and it’s empty most of the week. It’s silly.
I don’t need to go away Soph. I know what the options are, you just need to tell me what you want but it’s hard to communicate because of what’s happened which I respect but it’s simple. But the options are simple.What would you prefer? This is still your house Soph so I’m trying to include you in options.The same with the windows. I’m asking you for your opinion because it’s still your house. We have an opportunity to to change the windows, same colour but maybe the lead or just plain. It’s a lot cheaper. I am so happy they have cancelled the loan. I’ve saved about £20,000. You were right though, completely right and I got it wrong. Remember, it’s my first house so I am gonna make mistakes.Me personally, if things stay as they are then I think we should rent the house out. I’ve got 3 days off at the weekend now which makes a hell of a difference and I come home in the week but it still doesn’t change the fact that we aren’t together. I come home to an empty house. If you lived here I wouldn’t consider renting it. But it is what it is. I’m asking you because it’s your house until you hand me the key back.
Look at the two options Soph and tell me which you prefer. If it’s renting I will sort everything out. You will need to just sign a couple of things which I can leave you the paperwork for in the kitchen.
It might be the best option and it means we could wipe everything off our slates. That’s one less stress in your life. I know it will be easy to blame me for all your stresses but there are lots of other key factors and I want to reduce what impact I’ve had. I’m very conscious that you worry about money and debt. Regardless of what others think of me you know I wouldn’t purposely put you in the stink.Look at the two options and let me know what you think. I think option 2 is the best option if there is no solution for me and you.
It’s just very expensive to have my hotel in Southampton AND pay for an empty house which I struggle to keep.
I want to pay for my flying as well.Thanks for replying Soph.This was the last message he sent to me.

Hi there, if you agree to the property being rented then fine, it is also your house so you can expect a share of the rental income. He could change the mortgage to a "buy to let" one but again, your agreement is required. I am saying that you would be entitled to half the equity and anything else you paid in. If he owes you money this is unrelated to the property but you can still pursue him in the county court (via the http://www.moneyclaim.gov.uk website). You can enforce the county court judgment (CCJ) against him if he does not pay you. Option 2 looks like a good one as you'd be off the mortgage - but you would have your cards paid off and that's it, no money back from the property when you might be owed more. If you just want to come off the mortgage then this is an easy option and you can then move on from any further ties with your ex.

I can recommend the following law firm to handle this for you assuming you need a law firm to deal with the dispite: www.blasermills.co.uk/contact

I hope I have answered your question. Let me know if anything requires clarification. In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim

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Customer: replied 7 months ago.
Just to clarify so would I be entitled to half the equity or not?

Yes, as you are a co-owner, so 50%. Unless you signed something to say otherwise. This is why its' important to have an agreement in writing to set out the situation if you split up.