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Thread: Any legal advisors on here?

  1. #1
    Admin & Server Techy Ian-Highlander's Avatar
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    Default Any legal advisors on here?

    Not sure if anyone on here can help or not, looking for some legal advice about my situation.

    Nutshell... still on a joint mortgage with my ex, for a house I don't live in, I don't pay the mortgage and haven't for over three years now but they won't remove my name from the mortgage unless I force the sale of the house (my kids live there, I'm not kicking them out) because my ex doesn't work and is on benefits so I'm seen as the "income" even though I'm not paying it.

    I realise I made a legal contract blah blah blah, but am wondering if there is any other legal ways out of this that wont involve my kids suddenly becoming homeless and will get me off the mortgage.

    Anyone help with some preliminary advice?
    "Doing a good job here is like wetting your pants in a dark suit, you get a warm feeling but nobody else notices"
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    Regular Member bigdave1701's Avatar
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    fake your own death?

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    Maybe look to sell the house to a Housing Association Ian. My sister in law did this when she and her husband split up. Meant that she stayed in the house, and the kids, and pays rent instead of a mortgage. Bonus is she has no upkeep of the property now either. Maybe not the sort of thing you were thinking about though.

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    Full Member merikiito's Avatar
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    If your ex does not earn enough to cover the mortgage then you have no hope of getting off the mortgage. Question tho, who is paying the mortgage if your ex is on benefits? If she can prove the income is there, then she should be able to get a new mortgage. To be honest tho why should she when you are jointly liable, its not in her interest to do it.

    When I spilt up from my first wife my ex applied for a mortgage on her own and considering she only worked 16 hours a week she just made it. Abeit this was a few years ago and the mortgage was about 46k (those were the days).
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    Full Member merikiito's Avatar
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    Quote Originally Posted by bigdave1701 View Post
    fake your own death?
    This would also be my suggestion as long as there is life insurance to cover the mortgage

    Not sure Ian's replacement Wife/Girlfriend would agree tho...........
    Lois Griffin: Peter! You're bribing your daughter with a car?
    Peter Griffin: Ah, c'mon, Lois, isn't 'bribe' just another word for 'love'?

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    Regular Member DAVIDD88's Avatar
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    Quote Originally Posted by DasArab View Post
    Maybe look to sell the house to a Housing Association Ian. My sister in law did this when she and her husband split up. Meant that she stayed in the house, and the kids, and pays rent instead of a mortgage. Bonus is she has no upkeep of the property now either. Maybe not the sort of thing you were thinking about though.
    I would say this is your best option sell it and rent back under ex partners name

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    If you haven't lived there and currently don't pay the mortgage then a solicitor may be able to get you taken off of the mortgage.
    The lender will want you on there as a means of recovering any money should the mortgage payments be defaulted.
    One of the biggest differences between UK and US mortgages is the in the US if you default and the house is reposessed the you just walk away but here they can sell the house for 1p and you would be legally liable for the remainder of the loan.
    Go and get your free half hour with a solicitor mate, best advice going.

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    Regular Member jimbo1987's Avatar
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    also dont think you could force sale and make kids and ex missus homeless till the youngest is 16 even if you wanted to!! my uncle couldnt!!

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    Regular Member R-man's Avatar
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    You can't just come off a mortgage. At all.

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    Admin & Server Techy Ian-Highlander's Avatar
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    Quote Originally Posted by jimbo1987 View Post
    also dont think you could force sale and make kids and ex missus homeless till the youngest is 16 even if you wanted to!! my uncle couldnt!!
    No, you can't, already been told that. It's a very common problem reading around on Google and there are various legal avenues you can take apparently, but of course that then entails a lot of solicitors fees etc hence my asking the provisional question to see if anyone had any knowledge on it.

    Would love to buy another house but of course no one will give me a mortgage because I already "have one".
    "Doing a good job here is like wetting your pants in a dark suit, you get a warm feeling but nobody else notices"
    Maptun Tuned 2.0T Estate - click HERE for mods list.
    Brentwood 2012: Winner, Saturday Show. Hull 2012: Winner, Best Estate. Hull 2013: Winner, Best Estate & Runner Up, Best I.C.E

    Now Gone, bring on the Insignia (now "Teapot" Tuned)...

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