name removed of ex partner on joint tenancy , mortgage balance around 160,000 valuation probably same

K

Kakasparkie

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Can I get a court order to request my ex partner name removed from the property deed even tho the bank wont take off his name on the mortgage? he has not pay the mortgage since 2012 when we broke up. I have a letter signed by him saying that he did not pay the mortgage since 2012? and I use my own account to pay the mortgage to the bank every month?
 
You need to get the property settled; either remortgaged as solely in your name or sold and the proceeds split between you.
 
You need to effectively remortgage in your own name. This means you need to satisfy the conditions of salary. Would you get a mortgage for 160k in your own right ? If so, you could start the process but it will take as long as any mortgage application and you will need consent from the bank and your ex to do so I'm afraid.
 
Hi,

You can get his name removed from the title deeds. You will need to bring a Civil Action against him explaining why you are entitled his beneficial interest in the property. If not you will have to buy out his interest.

In relation to removing him from the mortgage, most financial institutions will allow this if you are not in mortgage arrears. They still retain their security over the property so it is not much difference to them whose name remains.

I agree with elcato, this is a matter you need to sort. And you will need some level of engagement from your ex-partner in order to complete it.

The end result you want is the property and mortgage solely in your name. However, this will cost you money and depending on the amount he/she paid towards the deposit and previous mortgage repayments they are entitled to compensation.

I definitely would not be coming to these forums looking for advice. You need to speak to a Solicitor. If you can't afford one, please contact FLAC and see if they can help.
 
Thirsty said:
You need to get the property settled; either remortgaged as solely in your name or sold and the proceeds split between you.
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yeah, working on it...but because I am married now so they need my husband to get involved in the mortgage. we might able to take my ex off and put my husband on instead...
 
Thirsty said:
It's not just swapping names around. You need to take on a new mortgage and redeem the old one.
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yes...I know..will lose the tracker ...but better than ex partner name on and hes not paying any since 2012...but his name is on both mortgage and title deed. and touch wood if I pass away first the ownership of the house will be automatically pass it to the survinering one left on the deed. so...
 
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