My partner and I split in Sept. How can I remove him from mortgage and protect my investment?

Question

We split in Sept. He moved out in Dec. We have joint mortgage and he pays nothing toward anything, he refuses 2 sell as we will have to pay penalties for selling early. Everything comes out of my account and I am really struggling at the moment. I worry that when house is sold in future he will be entitled to half even though I haven't received a penny from him. I dont think this is fair. I mentioned transferring mortgage into my name as he says he wants out but there is a £260 administration fee which he is refusing to pay half of and I cant afford it on my own. We only bought the house July but things went drastically wrong between us. Does anyone have any advice.

Answer 1

I recently was involved in a very similar situation. Unfortunately as far as I was informed, the only way out is to have your ex partner's name removed from the mortgage. The costs associated with this are ridiculous ("admin" fee for the lender and also solicitors fees) but it does seem to be the only way out.

If his name stays on there you will need his permission to sell and he most likely will be entitled to a share of any profit. Also the cost associated with selling and moving again are prob far higher then the mortgage change charges.

I was very lucky in that my parents are very supportive of me and they have lent me the money for my fees, as similarly now I am covering all the mortgage and bills I am very limited on funds. I will not be able to pay them back for a while, but they have understood that through this gesture they are helping me stay in my own home and on the property ladder.

I wish you the best of luck. (PS, don't know where you are BTW, but I'm from the UK)

Answer 2

First things first. Research and look for all the papers that you both signed at the time of closing. We have to establish the notes you both signed. Is he in the Deed of Trust or Title? Is his name and yours only in the Security Note or Mortgage note;i.e., loan agreement. This is usually drawn up by the mortgage company at the time of the sale. As the house is not fully paid yet; most likely, your mortage company has the deed. The mortgage company ,usually a bank ,is the bank where you sent your monthly payments to.

If his name is also on the Deed. You need his consent to sell the house and split the proceeds. That's the bad part about joint ownership without marriage. This is the greatest pitfall for most couples You ahould never go into a major purchase especially a home with anybody. But regardless, that's one option.

Now, if his name is only in the security or loan note. Then you are in good shape. He can not lay claim for any rights. His credit rating will be compromised as well as yours. The bank will put a lien on the house for non-payment. Or they could file foreclosure. But banks do not want to collect real estate property. So they'll try to work with you for any remedial measures.


Regardless, you have to keep up with the payments. Otherwise, you'll lose your initial investment or downpayment. Plus you'll incur a lot of late and finance interest charges. If you only bought the house in July, you're just running into six months. Now, if you are financially strapped,what will happen down the road.? If your downpayment wasn't substantial, you should just relinguish the house. Cut your losses while it's of small magnitude.Can you manage the monthly mortgage payments on one income? In other words, let the bank foreclose on the property. That's another option.

Another thing to consider is this. Have it rented out for the amount of the monthly mortgage. Or you can get a room mate oreferably a woman. But make sure, their credit report checks out. Try to rent out to people with out pets so your property is maintained. The main problem with rental property is that , most tenants won't care for your property as you do. So make sure they don't have too many kids or pets. And above all, make sure they got good jobs and are willing to pay rent. I have had a bad experience on this. It's very hard to evict deleinquent tenants. The laws do not protect the landlords as much as the tenants.

Because he's willing to get out from under. Get him to sign a quit claim note. You can attach this to the title. And there's no other complicated thing to do. You won't incur that 260 lbs administrative fee that you're so worried about. Even, that amt is worthwhile. Your aggravation, and peace of mind is more impt.


Apply for another mortgage; with only your name both in the title or deed and security note. The other avenue open to you is to sell the property. and again incur most likely prepayment penalties. If you can show, that he didn't incur inital expenses aThat he didn't put money upfront as downpayment, Then he's out of luck as you'll have total control of the house. This boyfriend of course, won't be able to keep even half of the house; I hope you kept all your paperwork.

If you're struggling at the moment in meeting the mortgage payment , I bet you 'll have more problems; in the future. I hope I enlighten you a lot

Answer 3

What about gettting him to sign a Quit Claim Deed? That way he essentially gives up all interest and rights to/in the property. I don't think his name comes off the mortgage, the lender wants to keep the both of you on in case you default on the loan, that way there's two people to collect from. Anyway, if he agrees to and signs a quit claim deed, you can have another deed drawn up with just your name on it. You wouldn't have to do it right away, as long as you have the document "QUIT CLAIM DEED" with his signature. You then will have full interest in it.
I know you can get blank forms at office supply stores. You may be able to print one online. Another thing. I know you said you don't have enough money for administrative costs, but these things are best done under the advise of an attorney if you don't know what your doing.
Good luck. Learn from the experience. Never make the same mistake twice. :}

Answer 4

Get legal advice. If you and your ex bought the house together then there should be a recording of the sale and of the transfer of the property in your names with your local Accessors Office. You can get a copy of the Deed from them for a fee. If you have receipts of the money you put towards the house you can prove your case, or just by sharing the house and a joint bank account could prove you shared in the financial responsibilities of the house. Or as part owner, you can also force a sale on the house so that you can get your share of the monies. Or, your ex can refinance on the mortage and equity and be able to buy you out. Be sure you do something as he can always claim you abandomed the house along with the financial responisbilites that come with it. Good luck to you!

Answer 5

The only way is to get another mortgage with your name not on it. Or sell the property. If he won't agree to selling, get an attorney because if he is not paying, you must pay to keep your credit rating up. Best of luck to you.

With his name on the property, he would be entitled to half the proceeds when it is sold.

Answer 6

It may be a struggle but £260 is far cheaper than the alternative.

Answer 7

you need to get a solicitor/attorney

joint property is usually handled like a divorce