2 years ago in April last, my partner of 11 years abandoned me for someone else. For 11 years I`d supported him financially, he hasn`t paid a single penny to anything since he left and I have no idea where he has gone to - before he left, he ran up debts and emptied my bank account! I am in serious debt now as a result of this and need to either sell my home or re-finance, neither of which I can do without my ex`s signature - he has made it quite clear he`d be pleased if my home was re-possessed (it was bought with monies left by late husband, but I foolishly put my ex`s name on the house as he `didn`t feel part` of our home!), my mortgage company will not move! they will not take his name off and are threatening to repossess my home as I have fallen into arrears ( they are insisting on the arrears being paid off in full plus 6 months payments before they will even consider taking his name off) - I have my hands tied, can anyone tell me how I can get his name off please?
2007-08-09 01:48:11 · 4 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
By the way, I am based in the United Kingdom and we weren`t married!
2007-08-09 02:00:33 · update #1
Unfortunately the only way to get his name off the mortgage is to refinance it in your own name. If his name in on the deed as well, you'll have to get him to abandon his claim to the property as part of the refinance.
In your situation, I'd highly urge a consultation with a solicitor. You have other issues here aside from the name on the mortgage.
2007-08-09 02:36:04 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Under no circumstance take his name off the mortgage and not the deed/title. He then would own 1/2 the house and owe not a single dime toward paying it off or anything else.
WRONG WRONG WRONG
"There is a very, very good chance that you can be solely awarded the house...but unfortunately, you have to go to court to do it...ONLY a judge can order what you are seeking."
What a Judge orders regarding a mortgage/home has NOTHING, let me repeat, NOTHING to do with what your mortgage company does with that loan.
In others words a Judge can order that you get the house but that will not eleviate the problem with getting him off the mortgage or deed. If the parties do not abide by the Judges's orders concerning the home then you will have to go back to court to force the issue futher.
2007-08-09 02:29:13 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you need a real estate attorney in your state [I assume you're an American from your phrasing].
obviously, the mortgage company will take your husband's name off the mortgage if you pay the whole thing off ... AND, you'll not be able to get any other mortgage as long as he is a joint owner of the property. [Mortgage requires the signature of every property owner.]
My guess is that you'll need to file for divorce with cause abandonment. That will let the court order a change in the recorded ownership of the property and then a mortgage in your name only becomes a possibility.
It seems likely that you'll need to show to the court that you have been the sole provider of both the down payment and the mortgage payments. Your bank records and income tax returns may be sufficient for this.
"May be sufficient" because you need the advice of a competent attorney in your state. [We don't even know where you are.]
GL
2007-08-09 01:57:19 · answer #3 · answered by Spock (rhp) 7 · 0⤊ 1⤋
Your mortgage company cannot take his name off the title because they don't have the legal authority to do so...your ex can sue the pants off them.
This is what happens when people enter real estate contracts without the benefit of marriage, b/c they have all of the liability and none of the legal protection of marriage.
There is a very, very good chance that you can be solely awarded the house...but unfortunately, you have to go to court to do it...ONLY a judge can order what you are seeking.
You need to move quickly before you totally lose your home.
Next time...if you aren't getting married, DO NOT put anyone on the title to the home that you paid for.
2007-08-09 01:53:30 · answer #4 · answered by Expert8675309 7 · 0⤊ 1⤋
He has to sign to remove it from the deed. Unless his name is off the deed he still owns half, regardless of the mortgage.
To get his name off of the mortgage you just have to refinance w/o him. He can not demand to be on the new one.
Unfortunately, being that far in arrears you likely no longer qualify to mortgage anything. You might want to think about selling, you don't have very long before the bank forecloses.
2007-08-09 01:54:34 · answer #5 · answered by Landlord 7 · 0⤊ 1⤋