Mortgage advice needed as need to know if ex partner has any claim to the house.

Hi all
I would appreciate any advice
I'm split up with my ex partners since 2009 never married have 3 kids 2 in collage 1 still in secondary school I aways paid child maintenance and college fees
I'm now in a position to move on with my life and I want to know what is the best way to move on with my mortgage her name was put on the mortgage from 2007 and she moved out in 2009 the mortgage was taken out in 2003
I also have a letter from her in 2009 stating that she is happy for me to take over the mortgage and won't be contributing toward it
She never did contribute in any way the mortgage money is always taken from my bank account
Is she entitled to any claim to the house ?
Thanks all
Jerry

Whose name is the house registered in?

Where do The kids normally reside?
Who.is the primary carer of the kids?

The bank may be reluctant to remove her name from the mortgage as it currently has 2 people who are liable for the debt if you default.

Did.she sign the letter.with the benefit of.legal advice?

You need to go to a Solicitor

There are two separate issues and you seem to be confusing them.


1) The ownership of the house
2) The liability for the mortgage

Worldcup19 said:

the mortgage was taken out in 2003

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So, you bought a house in your own name in 2003 with a mortgage.

Worldcup19 said:

her name was put on the mortgage from 2007

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That would be very odd to just add a name just to a mortgage unless you were taking out a new mortgage or taking out a top-up?
Are you sure that you did not add her name to the title deeds and the mortgage?

I suspect that her name is on the property which gives her rights and if not actual rights, great nuisance value.

When you "added her name to the mortgage" in 2007, you must have used a solicitor. Talk to that solicitor now to see what was actually done.

Brendan

Worldcup19 said:

I'm now in a position to move on with my life

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What does this actually mean as it sounds as if you have been getting on with you life?

Do you want to sell the house?
Do you want to add a new partner's name to the house?

Brendan Burgess said:

There are two separate issues and you seem to be confusing them.


1) The ownership of the house
2) The liability for the mortgage



So, you bought a house in your own name in 2003 with a mortgage.



That would be very odd to just add a name just to a mortgage unless you were taking out a new mortgage or taking out a top-up?
Are you sure that you did not add her name to the title deeds and the mortgage?

I suspect that her name is on the property which gives her rights and if not actual rights, great nuisance value.

When you "added her name to the mortgage" in 2007, you must have used a solicitor. Talk to that solicitor now to see what was actually done.

Brendan

Click to expand...

Brendan Burgess said:

What does this actually mean as it sounds as if you have been getting on with you life?

Do you want to sell the house?
Do you want to add a new partner's name to the house?

Click to expand...

Yes Brendan I'm in a position to sell my ex name was added in 2007 as we built on at the time very little mortgage left now

So your ex's name is on both the house and the mortgage?
The mortgage is irrelevant as there is very little left on that now.

You will need her consent to sell the house as she is a joint owner.

Go back to the solicitor who dealt with the letter saying she had no claim to see where you stand legally.

Brendan

He won't be able to sell without her signature.

Should I just ask her to sign the house over to me or leave the solicitor ask the questions
We don't get on at all

A polite brief heads up (a call or a sms which would give you a paper trail) and then leave solicitor to manage the talking so you don't weaken your case unintentionally. Provide solicitor with every bit of paperwork you have, and any uncomfortable facts which might be somehow relevant.