Posted on 21 February 2011 by DEREK GILL
MY GIRLFRIEND HAS A JOINT MORTGAGE ON 2 / 3 PROPERTIES WITH A MAN WHO HAS NOT BEEN PAYING HIS HALF OF THE MORTGAGES FOR 2 YEARS. ALL UNITS ARE IN ARREARS, HOW CAN MY GIRLFRIEND LEGALLY HAVE HIS NAME REMOVED FROM THE MORTGAGE?
It is very unlikely that Lenders will agree to remove a party to a mortgage when that mortgage is in arrears. Although he may not have been paying the mortgage for 2 years he still has a legal duty to pay and the Lenders can pursue him as well as your girlfriend for any arrears or loss on repossession.
That does not mean that your girlfriend can not have his name removed from the title to property, effectively leaving him with the liabilities but no benefits. It is unlikely that he will want to agree to this and your girlfriend will need to take independent legal advice before embarking on this course of action.
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