Mortgage please Help

K

Kathleenhelp

Guest
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.
 
While having your name on the mortgage you will be under an obligation to meet repayments. AFAIK if there is missed payments it will affect both your credit ratings. You will have to visit a solicitor and start some form of proceedings with regard to a separation.
I'm sorry to hear of your situation. I'm sure it cannot be easy.
 
I would get a solicitor to find out exactly what your rights are. Mother and Son being forced to leave the family home would not look good in court whatever the circumstances
 

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
 
Thank you everybody for your reply i really apperciate it.
Im only 21 and i have no idea of what to do as in the right thing i do not want anything from the house i walk away with the valueable thing which is my son i just want my name off it so i can move on with my life and have no ties with the father.
I really just want my name off the house im not looking for anything else and the house has been up for sale for 4 months but now my ex partner want to rent it out and that affects me as i want a new start with my son without the house being in my name.
As im afraid i will not be able to get anywhere else to live because i have that house attached to my name.

Thank you everyone
 
i would repeat what previous people suggested..please go to a solicitor. this matter must be very emotional and worrying for you. it is unlikely even if house were sold there would be enough to clear the mortgage so you would be still liable forr the outstanding sum. i have no doubt a chat with a solicitor would be of great benefit in your situation...
 
best if he buys you out and you move on...if house has gained slightly in value, you may as well get a few grand - you'll need it anyway for a solicitor and a few months rent up front until you get on your feet.



NB: make sure you can show (via bank statements etc) that you have been paying your full share of the mortgage each month.
 
I would get a solicitor to find out exactly what your rights are. Mother and Son being forced to leave the family home would not look good in court whatever the circumstances

Just to note that unless they are married, it will not be viewed as a family home, in the legal sense of the phrase.