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Getting Off Ex's Mortgage

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InAMuddle | 17:21 Mon 14th Apr 2008 | Civil
5 Answers
I foolishly bought a house with my ex girlfriend two and a half years ago, although we were not together at the time. (My twin brother had been recently killed and she manipulated me into this mortgage, saying she couldn't afford a property alone.)
I have never lived at the property and have never contributed towards the mortgage or any bills there.
She has a child to another man now and they all live together at the property.
I realise how foolish I have been as I've unwittingly signed up to half of her debt on this property. I am stressed as she has been missing payments and this impacts on my credit rating, not to mention that the mortgage company will pursue me for the debts if she continues to amass arrears.
I have approached her time and time again to ask her to re-mortgage without me. I am not asking for any pay off, and have even agreed to pay the mortgage exit fee and the solicitors fees. (Which I believe is more than decent, after doing her a massive favour).
She, however, isn't keen, as she doesn't think that she will be able to re-mortgage in her name alone, (I've explained that it isn't really my problem, and that I want to be free of this so that I may carry on with my own future). Apart from the damage that this link is doing to my credit rating, I am unable to buy a house with my fiancee, which is hurting our relationship, and I feel my ex is gambling with my future.
I have written to the mortgage company, and have explained that I am seperated from the ex and I want off the mortgage. I have even signed the transfer of equity form that they sent me. The onus is now on her to fill out the re-mortgage forms to re-finance in her name alone, which of course she is loathe to do, as it is convenient for her to have me on that mortgage.
I realise now that I must seek legal advice, but can anyone tell me if there is a way to force her into action?
I don't want anything from this, other to be rid of
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You are joint legal owner with exactly the same entitlements as she has.

Go to court and force her to sell.
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I'm not a nasty man, and I dont want to cause her or her child to leave their home. I just want my name removed frm the mortgage.
Do I need to get a court order to force her to do this?
Right, you need to pull your head out from the sand and stop being such a nice guy.

Go and see a solicitor. You can play this from 2 fronts -
1) She is missing payments and this is impacting your credit rating.
2) Another man is living in the house.

The child is no concern of yours and it is up to the childs father to place a roof over the head of the child.

Go and see a solicitor and start the ball rolling. Get your solicitor to send her a letter stating she has 3 months to remortgage, if she cant do this then you will go to court for a sale. By giving her 3 months you are being fair and reasonable.

When it gets to court they judge will grant a sale order on the account of, you have no children together, she is missing payments, you have given her time to buy you out.

Of course she is not going to get it sorted when you are not going to do anything about it. Why should she? Stop being so bloody nice and start taking control.
I agree
It is time to force a sale
PP
I also agree. It may be gthat faced with the force of sale, your ex will find a way of having the mortgage in her name. A new joint owner or a guarantor.

It really isn't your problem and it's obviously causing you stress. It os nmt about you being a nasty person. It seems you have done plenty to help so far and are in fact a very giving person.

You are risking your credit rating, health and current relationship and it seems like this girl does not even appreciate your offers. I'm sure she will find a way if push comes to shove.

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