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Republic of Ireland Law

i have a joint mortgage with my now ex-boyfriend. He has left

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the country but has agreed...
i have a joint mortgage with my now ex-boyfriend. He has left the country but has agreed to pay his half of mortgage for 12 months at which time he would then like to sign over to me. Our lender does not yet know the situation.

How easy /hard is it to switch over to my name. I earn 468.00 before tax.
Mortgage is paid through my bank account - we do not have a joint account. It is a tracker mortgage

Is there any areas which can cause problems and what options are available.
Can he simply hand over his half and walk away???
Submitted: 5 years ago.Category: Republic of Ireland Law
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10/4/2012
Solicitor: Buachaill, Lawyer replied 5 years ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,771
Experience: Barrister 17 years experience
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Buachaill :

1. I regret it is not as simple as for your ex boyfriend simply to hand over his half and walk away. By signing up to a mortgage, your ex boyfriend has agreed to repay the whole amount of the mortgage regardless of whether he owns the property or not. This means that even if the property is sold, your ex boyfriend can be pursued by the bank for any monies still outstanding after the property has been sold. It means that your ex boyfriend will have to get the bank to agree to a Deed of Release from the mortgage in relation to him. Otherwise he is stuck with repaying the debt regardless of whether he owns the property or not, or as you say "hand over his half". There is no walking away unless the bank agrees to this course of action. Accordingly, either you get a fresh loan which will repay this mortgage you have out with your ex boyfriend in which situation the existing mortgage is repaid and a fresh mortgage comes into being, or else your ex boyfriend gets the bank to give him a release from the mortgage.

Buachaill :

2. Be aware that the bank hardly ever in practice gives a release from a mortgage as this reduces the number of people the bank can look to for repayment. It does not matter that your ex boyfriend has left the country. MOdern commercial debt collection has evolved that the bank will be easily able to trace him and sue him where he is resident.

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