Property in joint names

[brooks11]

My partner left 10 years ago and we were tied into a fixed rate mortgage at very high rate, this has now expired and I want to remortgage, but he refuses to take his name off of the deeds. This despite not having contributed anything at all for the past ten years either to the mortgage or maintainance for our daughter. What can I do to get his name off ???? 

[Didwot]

When you purchased the property your conveyancer should have advised you about purchasing as "Joint Tentants" or "Tenants in Common". If you purchased as Joint Tenants then youi and he own equal undivided shares in the house. If you purchase as "Tenants in Common" you should have gone on to set out your respective rights and liabilities in writing in a trust deed. In either event your ex partner is entitled to a share of some sort in the property, and yoiu will have to addres that issue. You will almost certainly need to obtain advice from a lawyer. It may be theoretically possible to get his name off the title by an appllication to the court, but that will not happen unless his interest in the property is dealt with.