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removing name from mortgage

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pushy | 13:20 Tue 26th Jul 2005 | Business & Finance
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I'm trying to get some advise with regards to removing my name from a joint mortgage. My partner and I split up and they still live in the flat we jointly own. I do not want to have my name on the mortgage and I'm willing to sign over the deeds but the mortgage lender won't allow it as my ex doesn't earn enough and has to much debt to take this mortgage over on there own. I'm worried that they are going to default and in turn make me bankrupt with them. They refuse to put the flat up for sale even though the are toiling to pay for it. HELP !! 

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As you have borrowed the money (jointly with your ex) from the mortgagee, then you are liable to repay them, which usually only becomes a problem if the flat is repossessed and sells for less than the mortgage debt. Naturally mortgagees are reluctant to let someone off the hook, particularly if the other borrow is not likely to be good for the repayments.
This is a classic case where you should have been given full advice by your conveyancers at the time of the purchase, and entered into a written agreement wtih your then partner, setting out your rights and responsibilities in respect of the flat, particularly who pays what, and when it is to be sold.
If they failed to then they have let you down.
As a last resort you can apply to the court for an order that the flat be sold, but that will not be a quick or cheap option, and is not guaranteed to work.
If I were you I would seek legal advice.Find a solicitor that will give you a free first session.Or maybe they could take out a loan and buy you out. Don't forget that if they default or you fall out with them this could become bad so you really must cover your own back.

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