Split up with Joint Mortgage

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1960darrenh | 22:37 Fri 28th Aug 2009 | Law
6 Answers
Myself & partner split up 10 months ago. We have a joint mortgage together. I still live in the property but she has moved out. I still pay my half of the mortgage and she still pays hers.

My ex has now said that she wants to stop paying and have her name taken off the mortgage. I have said no.

I am not in a financial position to "buy her out" or remortgage

Can I be forced to sell and lose my home that I have lived in for 26 years?


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go and get financial advice. some solicitors will give 15 mins for free. good luck
The mortgage lender will probably refuse to let her take her name off if you cannot afford it on your own.

Are there kids involved?

If not, I think but am not sure, that she might be able to get an order for sale. Go to see a solicitor asap.....

Good luck x
Question Author
No kids are involved.
if she is a joint owner, she is entitled to want out and not continue paying for the house you're living in for the term of the mortgage. if there are no children living at the property I understand she can try to force a sale if you're not in a position to buy her out.

if you want to keep the house I suggest you get some legal advice, but if you can't afford it yourself I think you may be in trouble.

best of luck.
yes she can apply to the court to force a sale - she can't just take her name off the mrtgage - the company would have to re-mortgage to soley you, and you have said you can't do that.
what about if you got a lodger to pay her half, wuld she allow that do you think? Or does she want out because she wants tto buy somewhere else?
TBH i can see her point - she is paying 1/2 for a home she cannot even live in, so presumably has to pay rent elsewhere too
Are you unmarried? When a couple cohabit contract law or complicated trust law in relation to property [Trusts of Land and Appointment of Trustees Act 1996] has to be relied upon. Where property is held in joint names, the law assumes that it is held equally, ie, 50:50, unless there is evidence of an agreement either verbally or in writing that the shares are in some different proportion. Your ex partner would be entitled to a her share of the equity and could make a court application to force a sale.

If the deeds are in your sole name she could establish a resulting trust (when one party has made a direct financial contribution to the purchase of the property in the other's name) or a constructive trust.

A constructive trust is where there is an express agreement, arrangement or understanding between the parties or when there is no express agreement etc the court may in some cases regard the matter as if there had been one. If someone not named in the deeds of the property contributed directly to mortgage payments, or paid for substantial improvements the court may infer that this must have been because there was a common intention to share the property. People do not usually pay other people�s mortgages for nothing. Less important contributions, like contributing to household expenses, are no indication there was common intention to share the property.

If you are married it is a completely different ball game.

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