Removal from Mortgage

[BARLGA]

My partner moved out of the house some time ago, hardly ever made payments toward the mortgage when there, never made any payments since leaving and we remortgaged �40k to clear down his personal debts (he has had this money). He now refuses to sign himself off the mortgage and is claiming half the value of the property. Is there a statute or law which allows me to apply to have him removed from the mortgage if he no longer lives here nor makes any contribution, or will he always have claim to half the property until it is sold?

[Bottom]

I think that if you can prove you have paid most of the payments he might not be entitled to half, Just make sure you have still got proof that the 40k was for his debt etc, But you really should get legal advise.

Good Luck

[Mrs_Pegasus]

If you can prove you paid all the mortgage and he paid nothing else i.e. utility bills, housekeeping etc then you could get a solicitor to apply to have him removed.  If you jointly purchased the property then you will have a 50/50 interest in it and this might prove your battle tough.  If you added him at a later stage or put down a large proportion of the deposit then this will lessen his claim on the %.

He could also force a sale, this is expensive and I dont think a court would agree if you have a young child or you would adversely suffer from selling it.

Is there anyway you could pay him off with a one off payment?  Its worth trying.

Are you also saying the loan is secured on the property?  If so this would automatically be cleared when the house was sold and before any profit was given to you.  When you raised the loan, did the loan company directly pay off any of his debts?  If so these will show on the loan agreement.  You could use these to reduce his share and then make a one off payment to him.

Hope some of that helps.

 

 

[BARLGA]

Thanks for the responses however, any loans he has already taken reduce his equity on the property to less than zero. In fact he has had more than his share. Which type of solicitor would deal with this issue?

[Didwot]

The answers you have been given may not entirely be as the Courts would interpret matters. The ownership of property depends on principles of Trust. What was agreed between you and your ex partner, and what is fair. You need a solicitor who who understands Trust Law. I am too modest to recommend myself. The Law Society website www.lawsociety.org.uk has a find a solicitor section. Do not forget that proving that you are right can be an expensive business.