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Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex and I have a property in joint mortgage he has not lived

Customer Question

My ex and I have a property in joint mortgage he has not lived here for over 4 years and has not contributed to the mortgage. last year he did not pay a CCJ and now has a charging order on the property what are my options to get him off the mortgage or get myself off the mortgage the house is in negative equity? My partner and I need to be able to move on
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
He had previously given verbal consent just to have his name taken off the mortgage without any financial gain as the house is in neg equity and works needs doing to make it sellable. Now he states it is not priority for him to sort this charging order
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Are/were you married to each other?
Customer: replied 1 year ago.
Expert:  Harris replied 1 year ago.
Thank you. Firstly you would need your mortgage provider's consent for the mortgage to be transferred to your sole name. You need to enquire with them and they will do an affordability check to see if you can (according to their calculations) afford the mortgage yourself solely. If they do consent then you will need to complete a few land registry forms, including a TR1 to transfer the property to your sole name. However, you will need to reach agreement about how to discharge the charging order prior to the transfer, as if it is transferred to your sole name the charge will remain on the property and impact your interest.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.