having only been on the mortgage for 12 mths has left the property yet still remains on the mortgage and he is attempting to force me to sell the house which was my sole property which i purchased on my own.i can remove him from the mortgage but does he still have the rights of ownership if any at all
2007-02-17 10:08:49 · 7 answers · asked by oultonpark 1 in Business & Finance ➔ Renting & Real Estate
I'm assuming you are in England for my answer.
If I understand you correctly it seems you initially had the house totally under your control, it was your deposit, it was your mortgage and then along comes this other person into your life.
The stars twinkle, everything seemed great and to show how much you loved this other person you were persauded to have some sort of joint ownership.
From being in total control you had a joint arrangement. I'm just slightly confused as you tend to interchange the words deeds and mortgage along the way.
I assume you had a solicitor at the remortgage stage, you most certainly had one for the initial purchase. See them again urgently.
To a large extent, and this is a simplification, the names on the deeds are not necessarily the main factor. What counts is the 'equity' each side puts in, in other words what has each side contributed to the purchase, financing, on going maintainence of the house. Keep careful records of the money you both pay/ paid for the mortgage, for the gas, electric, decorating, if there are kids, whose working and whose staying at home but equally housework has a valuation also.
For example if a woman lives with a fellow and even if the house deeds were only in the mans name the womans contribution either of her wages or the housework and rasing of kids would be taken into account to give her a share. If the house was totally in your name and had stayed in your sole name , as it initialy was, after some period of time your partner might have acquired some share in the value which they could call upon when you split.
If the relationship is one of the new civil, same sex, partnerships then I do not know that area of law but would assume the principle of who contributes what, and in what % still counts as a starting point.
See that Solicitor for some peace of mind ASAP and in the meantime make sure your mortgage lender knows that its your money that's meeting the repayments. Good luck.
2007-02-17 14:00:56 · answer #1 · answered by on thin ice 5 · 0⤊ 1⤋
If you refinanced the property with your ex-partner on the mortgage, he is still on the title recorded at the county court. A lender will not allow a person on a mortgage unless they are also on the deed.
The only way you can remove your es-partner from the mortgage is to refinance the current mortgage. If your ex-partner is on the deed when you attempt to refinance the mortgage broker is gonna want to know if your ex-partner will be on the mortgage or not. If your ex-partner will be on the new mortgage there will be no problem.
If your ex-partner will not be on the new mortgage this ex-partner has to sign a quitclaim deed in this transaction giving up any and all claim to the property.
You might try to buy him out by offerring him some money and signing a quitclaim deed. If he accepts, go to a title company to get this accomplish as it will solve any future legal problems that might arise.
If he fail to accept the money from you, you might hire an attorney to assist you, but there are many questions. How did he force you to put his name on the deed? How did he force you to get a new mortgage and add him to the mortgage?
These are just a few of the questions that will be asked of you. I simply can not understand why a person just sign another person onto a house they own. That is beyound me, although I see it on a daily basis.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-02-17 11:26:48 · answer #2 · answered by Skip 6 · 0⤊ 0⤋
She can not take you name off of anything without the help of the courts or you. You can voluntarily go and sign off on everything or she can take you to court and have it ordered through there. That is the only way that she can legally do it. If she goes through the courts then she will have to buy your half of the house from you. You are entitled to that much since the house is equally the both of yours. If she can not get another mortgage for that part of the obligation the court could make you sell the house and split the proceeds in half then she would be free to go buy her own. Either way she can not just take your name off of things.
2016-05-23 23:44:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Cool!
What it means is that he/she is jointly responsible for the mortgage... but the property is in your name.
I would be careful and keep precise financial records in how much he/she pays your for the mortgage, assuming they are helping making payments. Your ex-partner could later claim that partial property is theirs as they helped make payments.
2007-02-17 10:14:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If he is not on title he has no rights to ownership, unless you have another unrecorded written agreement. While he may have a claim to some equity for a lot of reasons, he can't force you to sell.
If you have any other questions, or need assistance, please contact me via my website http://www.slarson.com/contact or email me directly at Steve@SLarson.com
2007-02-19 11:25:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
get a lawyer at this point. If you're the only one on title then you own the place and he can't do anything about it.
2007-02-17 16:42:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
See a solicitor and learn from you mistakes. Sorry I've heard it all before.
2007-02-17 10:12:45 · answer #7 · answered by chewystuff 3 · 0⤊ 0⤋
"Forced" you?
At the closing the lawyer asks if this is your own free act and will.
Why not say no at that point?
2007-02-17 11:30:13 · answer #8 · answered by frankie b 5 · 0⤊ 0⤋
contact an attorney
2007-02-17 10:12:17 · answer #9 · answered by Anonymous · 1⤊ 0⤋