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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I wonder if you could advise me please. I split with

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Hello, I wonder if you could advise me please. I split with my partner almost two years ago ( I have not lived there since beginning Dec 2010. Mortgage is in joint names. She suffers with Bi polar and due to her illness we got into debt (I am paying mine via a debt company) and arrears with the motgage, the property went through the proscess of being reposessed. However, she got well enough to find another job and kept on the hosuse and has been paying the mortgage since dec 2010. I contacted the Mortgage lender around that time and was told it would be 12 months before they would consider removing my name from the mortgage. She has now been paying it for almost two years so I again contacted the Mortgage lender and an appointment was made today at a local branch to make a change of loan details and remove my name. The upshot is, there is still approx £3500 arrears, which she pays extra on top of the mortgage each month to clear. I am told now after almost two years the arrears has to be cleared in full and then 12months of just my ex partner paying (which she has for almost two years -the property is in negative equity). Which could total another 4 years - 6 years with the 2 years that has already past!!!. My concern is her health. She will at some point become ill again as it is pattern with Bipolar. For the next 4 years I can be liable for half this mortgage if she is ill and cannot pay. She also has other debts and is looking to declare herself bankrupt. Can I force her to sell the house to get my name off this mortgage? is there anything I can do at all? I am beside myself at the thought of what could happen if /when she becomes ill. Any advice would be appreciated. Thank you

Thanks for your patience.

The lender is entitled to refuse to consent to the removal of your name from the mortgage/legal title for the property whilst there are arrears. If the arrears are paid off they are still entitled to refuse to remove your name if your co-owner does not meet their requirements to have the mortgage offer in her sole name.

If she is likely to go bankrupt then obviously they would not consent to your name being removed.

This would mean that your only option is applying for an order for sale of the property. You can force the sale of the property by making (or posturing to make) an application to County Court. If she cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to her name then this may be her only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

The fact that the property is in negative equity is a complicating factor though.

You should speak to her about arranging a sale if the mortgage arrears cannot be settled in the near future and/or she will not be able to get the consent from the bank.

Needless to say, you should make sure that the mortgage payments are met otherwise it will be reflected on your credit rating and may ultimately result in the lender making an application for possession themselves in the event of default.

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Kind regards,

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