Friday, November 19, 2010

Splitting up from partner, how to get myself off the mortgage and deeds.?

My partner and I split up a year ago, I was paid for my half of our jointly mortgaged house, I got a new mortgage and moved. During this time my ex partner was applying for a mortgage in his own name, but has been refused by our current lender. He will not look elsewhere and is appealing against the decision as the old rate would have been kept if they had agreed and he will struggle to afford the new rate. He's also paying my life insurance from our old joint account (which I cannot close without his agreement). I don't want my name to be used as security on my old house. How can I get myself removed? I can see why he's happy to leave me on the mortgage to get a more preferable rate but it leaves me financially at risk. We are amicable, he's holding out for the better rate and I can see why, but I just want to get myself sorted so I can properly move on with my life.Splitting up from partner, how to get myself off the mortgage and deeds.?
You need legal advice.Splitting up from partner, how to get myself off the mortgage and deeds.?
You need to go through a solicitor. The mortgage company won't change the mortgage without a court order.
If you want to be removed from the house you owned jointly with your ex-partner, your ex-partner must refinance the loan in his name. If he is as amicable has you say he should understand your reasons and do it. You could also try to convince him to simply sell the house. If he's already paid you for your half then he would get all the profit, but your name would be off the deed and mortgage.



As far as him paying your life insurance from your old joint account - whose name is the insurance policy in? If it's in yours, call and change the payment to be deducted from your new bank account instead. Then call him and go down to the bank to close the account, split whatever money is left in it and move on.
see a solicitor, you really do not want to be involved in any financial dealings that are nothing to do with you, that includes the bank account, if he goes overdrawn you will be equally liable
I'm NOT surprised you managed to get another mortgage in your name, while you are still named on the old one. Landlords have many mortgages at the same time. You aren't limited to one. But you must have good credit since they have permitted a second mortgage and refused to remove you from the last one. He probably doesn't have the best credit, which is why they want you to remain on that mortgage. They want to be able to hold someone accountable!



I'm not sure why your partner paid you anything for your share of the old house and didn't require you to sign a Quit Claim Deed (giving up your claim in the house). This is standard. But this only ends your claim on the house, it doesn't remove you from financial liability for it. So don't sign it until he refinances!



And I agree - the only ways to get your name off it is to have him refinance it or require it to be sold. You are going to have to consult an attorney to force him to do this and remove you from any further liability.



And why is he paying your life insurance? Withdraw half of the funds from that joint account, go down and have your name removed from it (so it remain as only his account) and sever this tie. Then pay your own insurance. I hate to say it, but it sounds as he doesn't want this relationship to end and he's keeping financially involved with you to keep it going.
I'm surprised you managed to get another mortgage in your name, while you are still named on the old one. I'm also surprised that your partner paid you anything for your share of the old house, while leaving you as a joint owner. Legally he has potentially shot himself in the foot, because there is not much he can do to stop you claiming half of the proceeds when it is eventually sold.



To be removed from the old mortgage you have to pay it off. Effectively the only way that can happen is for the house to be sold, or for your ex to remortgage in his name only. If you want to stay amicable there is not much you can do to make him hurry up.



But there are several things you can do if you are happy to be a bit more unfriendly. It is almost certainly a condition of your mortgage that you both (as the borrowers) are living in the premises. If you write to the lender to tell them you are no longer there then it may provoke them into insisting the property is remortgaged. Alternatively, you can go to court for a decision on how the house should be dealt with (as the two joint owners cannot agree). Assuming there are no children involved the decision would almost certainly be for a sale. You could also start being awkward, for example by withdrawing any funds in the joint account to force him to close it.



Edit:

The reason I'm surprised is because residential mortgages are financed by your regular income, and very few people have sufficient income to afford 2 mortgages. Landlord's (buy to let) mortgages are funded by the rental income. Btw, quit claim is an American thing, so not relevant to the UK.
There is every possibility that the mortgagee (lender) will not agree to removing your name, as that would put them at risk. You would have done better to discuss the question with the mortgagee when you split up. Your best hope now is for the house to be sold.
kill him!!!!!!!!

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