# Joint mortgage with ex - Neg Equity



## purple17 (28 Jul 2011)

Hi
Ive a joint mortgage with my ex for €316k since 2007 - house now worth €150k. 
He moved out after 1.5yrs and ive been paying mortgage solely ever since (Last 2.5yrs) as on a good tracker rate, we've a young child and we wudnt have been able to sell due to Neg Eq.  I earn €35k a year and rent a room for €350 a month and have no arrears on the mortgage. 

Am i doing the right thing upkeeping repayments myself even tho ex's name on mortgage, thus avoiding bad credit and keeping a roof over our heads?  
Should I continue paying myself in hope bank will allow me in years to come to remove ex's name? Currently on paper I dont earn enuf to warrant taking on a huge mortgage myself.

I was previously advised that if in future the bank allowed me to transfer to my name that a court could remove his name if he refused to sign it over. I would have to prove he had no interest in house i.e. made no payments to mortgage, bills, home improvements etc - keep receipts and records for all of these (which i have).

I just dont know if im doing the right thing as im literally stuck with the house and he refuses to contribute to repayments. Should I get Legal or Financial Advice?? 

Thanks - AND please dont tell me what I SHOULD've done - as I did get unhelpful posts like this when I posted a similar thread last year!!


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## partnership (28 Jul 2011)

I would say get legal advice and go to court to get him to agree to put it in your name if you want to keep it even though it is in negative equity.  However even if it is in your name he is still liable for the mortgage as the bank will not allow you to take it over because they would prefer to have 2 people on the hook to be able to chase.  Alternatively stop paying mortgage (maybe put money aside) and let the bank chase you both.  It is the family home so doubt if they could repossess that quickly.


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## potnoodler (28 Jul 2011)

thats a tough mortgage for your income, I doubt the bank will want to take the co signers name off that debt and even if they did your good tracker rate will be gone as its like a new loan.
I'd imagine his name will stay on it but hes deserted the family home so legal advice is what you really need, I'd be wary of what I say to the bank, but hey whats new there.


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## millieforbes (28 Jul 2011)

Is he paying maintenance? That might be the best thing to chase him for initially


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## purple17 (2 Aug 2011)

Hi
Yes paying maintenance for the child. It not a question of whether i can afford mortgage really, its that im paying all of it with his name still on it. Due to the neg equity i cant get out of it - whether its selling or taking on myself.  
I cant force him 2 pay his half of mortgage espec if he has rent 2 pay himself he's no money left 2 give towards it. 
Bank dont care whos paying mortgage, im just as liable if he doesnt pay. 
I will see legal advice thanks as realistically with new taxes in budget, ecb rate going up etc it may be


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## purple17 (2 Aug 2011)

Hi
Yes paying maintenance for the child. It not a question of whether i can afford mortgage really, its that im paying all of it with his name still on it. Due to the neg equity i cant get out of it - whether its selling or taking on myself. 
I cant force him 2 pay his half of mortgage espec if he has rent 2 pay himself he's no money left 2 give towards it. 
Bank dont care whos paying mortgage, im just as liable if he doesnt pay. 

I will see legal advice thanks as realistically with new taxes in budget, ecb rate going up etc it may become unaffordable for me to pay solely in future.


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