Posted on 4 May 2013 by Laura
Hi, my partner who I live with has an ex partner and their little girl living in their jointly mortgaged / owned house. He has asked to have his name removed off the mortgage and she refuses saying he will have to stay on the mortgage forever basically. In the meantime she has her fiancé living in the house and her mum and her new child with fiancé! They are both on full time wages and the mortgage isn't very big so they could both afford to take it on! She is saying she wants to keep the house for his daughter to have but obviously won't let him come off the mortgage and allow fiancé on! We have children together and want to just get on in life.
This is a tricky situation without a doubt, and one to which there isn't an easy answer, and your partner really needs to take expert legal advice, to see what his options are.
Depending on the age of his daughter with his ex, many lenders would take the maintenance your partner's paying into consideration along with her earned income when assessing whether his ex could take the mortgage on in her own right, and as you mention that the mortgage isn't very big, this might be an alternative.
If his ex-partner wanted to she could add her fiance to the mortgage under a 'transfer of equity' but set up the actual ownership under 'tenants in common' whereby she can protect their daughters share of the equity.
If you don't have a solicitor, then please let me know and I can put you in touch with one.
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