Posted on 10 July 2010 by honor
My daughter has a joint mortgage with an ex partner who has taken money out of the mortgage account and has disappeared. This caused arrears as she didn't know that he had done so. She has cleared the arrears and been to see the mortgage company and they say they can do nothing to help as she is paying the mortgage. She wants him out of her life and off the mortgage, what can she do? This seems an untenable situation as he will still be legally able to take half of any profit if the property were to be sold only she can't do that either can she without his agreement? What avenues are left open to her, she is working an extra job to keep up the mortgage payments?
Any change in title will need the Lender's consent and they will need to be satisfied that your daughter has the means to maintain the mortgage payments. Even though her ex partner has ceased to contribute to the mortgage the Lender can still pursue him for any arrears and ultimately for any loss should they end up making a loss selling in possession. For this reason your daughter may find it difficult to get his name removed from the mortgage.
It is also possible that your daughter's partner may be able to prove he contributed to the upkeep of the house and make a claim on the sale of the property in the future. Similarly if his name is to be removed from the tile of ownership now, he may demand to be paid a share of the property's current value before he agrees.
I recommend that you and your daughter seek independent legal advice on this matter without delay.
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