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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 4902
Experience:  Barrister at Self Employed
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I want to have my ex partners name removed from the

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I want to have my ex partners name removed from the mortgage, but he is not co operating . I don’t know his address .
JA: Where are you? It matters because laws vary by location.
Customer: Lancashire
JA: What steps have you taken so far?
Customer: sent I’d forms to be signed to his parents address
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he lives in Rotherham

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you confirm for me if you were married and if this was part of the divorce if so?

If not, are you buying them out of their share?

Customer: replied 18 days ago.
We we not married , he wants £10,000 , but I don’t have it
Customer: replied 18 days ago.
By email please
Customer: replied 18 days ago.
We have been apart for 8yrs and he has not contributed to the mortgage

Of course.

To clarify - you are joint owners? Is it also a joint mortgage? And how much equity is there?

Customer: replied 18 days ago.
Yes we are . Owing £65,000

And are you able to take the mortgage on in your sole name?

Customer: replied 18 days ago.
No

Also what is the property worth?

Customer: replied 18 days ago.
Around £80,000

Thank you. So if you cannot have the mortgage in your sole name, why are you trying to take his name off?

The mortgage company would not allow it, as far as I can see.

 

Customer: replied 18 days ago.
I am now married, & want to have it in our joint names

Thank you for clarifying. You will have to speak to the mortgage company about raising some of the equity as part of putting your spouse on the mortgage with you. You do need to offer your ex something to buy them out - regardless of who has been paying the mortgage in legal terms you, as joint owners, as classed as each being entitled to all of the property in equal measure.

Perhaps if the mortgage company will allow you to release a smaller amount of equity (say for example £5000) you could offer this to buy him out.

I hope this may be a suitable compromise to this problem for you?

Customer: replied 18 days ago.
Thank you, I,ll look into that

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

Customer: replied 15 days ago.
Good straight advice

Thanks for the feedback, it's appreciated.

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