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ive seperated with partner and we both have names on morgage,ive

 
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  • Answered by:claire
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Customer Question

ive seperated with partner and we both have names on morgage,ive stayed in property and she is in rented property.id like to remove her name and there is no equity in the property.she has agreed to this but ive been told by morgage adviser i can not apply because i work for an agency and have no contract unless work for 18mths at least for agency and the way work is now ill always be working for one agency or another as i just follow the work.also if ex partner changes mind can i force her to remove name as i pay for morgage as have always.can i bill her for half?can she charge me rent?thanx regards gary

 

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Province/Country relating to question : england

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citizens advice

Submitted: 291 days and 23 hours ago.
Category: UK Property Law
Value: £22
Status: CLOSED
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Expert:  claire replied 291 days and 23 hours ago.

Hi
How much is the house worth and how much is outstanding on the mortgage?
Claire

Customer replied 291 days and 23 hours ago.

its got £106,000 outstanding and its worth £90,000-£100,000

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Expert:  claire replied 291 days and 22 hours ago.

Hi
Is your ex willing to wait?
( I assume she is since she will not wish to find half of the shortfall)
Claire

Customer replied 291 days and 5 hours ago.

no she wants either me to sign papers from her solicitor to say on my death if before her she gets it all or if she goes first her half go,s to her next of kin if i cannot get her name removed asap.if i cannot get set on full time contract lenders will not look at myself being soul owner,i just want either her name removed or to get rid of house and rent elsewhere.is only option to sell and make as much as can and pay short fall or is there another way can get her off my back?leaving both satisfied?

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Expert:  claire replied 291 days and 5 hours ago.

Hi

Do you object to that as an option?

That she gets the house (and the debt) if you die?

Claire

Customer replied 286 days ago.

i just want all ties with her apart from daughter to end.i want her off the morgage,and then in couple of yrs ill sell house and get as much as can and find the short fall and just walk away and rent a property as it would be in best interest as i cannot and dont want a morgage over my head as im in and out of work,ill get my rent payed but not my morgage!what about a transfer of equity?

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Expert:  claire replied 285 days and 20 hours ago.

Hi
Has she threatened to apply for an order for sale?
Claire

Customer replied 285 days ago.

no shes wanting me to sign papers on if i die it go,s to her or if she dies half go,s to her next of kin,can i aply for transfer of equity?all i want is her off morgage so i can sell and move on when ive saved enough cash to pay for short falls or if possible to sell now without her permision and again ill pay for shortfall?

Accepted Answer

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Expert:  claire replied 284 days and 22 hours ago.

Hi
If you want to sell now then yes you can apply to the court for an order for sale and it will be granted.
However you cannot insist on a transfer of equity unless you can obtain her release from the mortgage
Claire

Expert TypeSolicitor
Category: UK Property Law
Pos. Feedback: 96.3 %
Accepts: 1167
Answered: 7/5/2012

Experience: 25 years exeperience

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