I split form my partner and left the house as he gave me no choice with my son but now he is asking me to pay half the mortgage we bought the house less than 2 years ago as 100% mortgage first time buyers. It is in both our names but im never going back how can i take my name off the house.
Just take the emotion out of the situation and see what we have. Two people buy a property together with a joint mortgage. They own the house jointly and they are jointly responsible for the mortgage. One leaves - reasons are largely unimportant. Mortgage has to be paid or else - house will ultimately be repossessed. Kathleen wants out of the situation.
How can she achieve that?
Can she just take her name off the Deeds? No. She can't.
Can she buy her ex-partner out? If she can afford to and he agrees to it, yes. But from the sound of it, that is not what she wants to do.
Can he buy her out? They have a 100% mortgage, there is a good chance that the house is worth the same or less than when they bought, so, if he could afford the mortgage on his own, if he agreed to take over the entire mortgage and the lender would let him, and K was wiling to walk away with nothing ( other than being released from the mortgage obligations) there is a possibility.
Now, suppose that, in fact, everyone is digging their heels in and refusing to talk and supposing that, in fact, neither of them can afford to hold onto the house themselves while releasing the other from the mortgage, can they agree to sell? And if they do agree, will the property actually sell in the current market?
So - there are a range of options but all need agreement. If agreement cannot be reached, then a Court Order for sale will be needed to bring the matter to a head. It will cost money - which could be avoided if agreement could be reached. And even then, will the house sell?
mf