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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Joint mortgage but only me paying

(12 Posts)
Sickofthisalready Thu 09-Nov-17 08:38:08

Hi, I have a joint mortgage with my ex partner. We separated in February and he lost his job in June.

Since June I have paid all of the mortgage and as he does not seem to be able to get another job looks like I don't have a choice but to continue to pay it all.

We have a 4 year old, so selling is not an option as it's his home and he's has been through enough. My questions are:

If I can prove I have been the only person paying, can I prevent him from being entitled to half the equity when I sell?

When the time comes to remortgage, what happens? Do I have to declare that his circumstances have changed if I remortgage with the same company? I seem to remember it being very simple last time with not many questions asked.

Will the bank let me take his name off if I can prove he isn't paying?

Would the bank need to assess me for a mortgage solely in my name, if he actually agreed to take his name off, or would they be happy that I'd been managing it on my own. I earn £55k, and the outstanding mortgage is circa £210k, so not sure if I'd get a mortgage on my own?

If he declared himself bankrupt, does that affect me or the property in any way?

Hopefully someone will be able to advise.

Thank you

MrsBertBibby Thu 09-Nov-17 09:07:33

You really need to see a solicitor! There's far too much there for anyone to advise about on here.

Sickofthisalready Thu 09-Nov-17 09:16:56

Thank you.

I did kind of think that, but after I've paid the mortgage, bills, travel, nursery etc I'm left with £47 a month for the two of us to eat so I can't afford one.

MrsBertBibby Thu 09-Nov-17 09:24:19

CAB can often wangle free consults.

Sickofthisalready Thu 09-Nov-17 09:25:35

Thanks I'll try that x

Justbookedasummmerholiday Thu 09-Nov-17 09:26:19

Your dc needs a house. It really doesn't have to be that one. Don't remain entangled to your ex for the benefit of dc. Dc need a stable /happy /stress- free dm much much more.

Bea1985 Thu 09-Nov-17 09:30:59

I don't think it matters who has been paying, half of any equity will be his so long as his name is on the mortgage. You'd probably have to be re-assessed on your own right in order to take his name off (meet affordability thresholds etc). He'd still be entitled to half of any equity until that point though. You could buy him out and do a transfer of equity.

CotswoldStrife Thu 09-Nov-17 09:32:21

I take it that you haven't actually spoken to the mortgage company?

I doubt not paying for a few months would completely wipe out his equity in the house otherwise women on unpaid maternity leave would also be stuffed if they didn't contribute! A long period of time may affect the percentage he'd get on the sale of the property, but I wouldn't bank on him getting nothing. The bank won't take him off the mortgage either, you'd have to remortgage and not every company is happy with only one person on the mortgage and two on the deeds.

You do need proper advice though.

Bea1985 Thu 09-Nov-17 09:34:56

Or he can sign equity over to you without you buying him out, if that's what he wanted to do. You could do a mortgage calculator online to find out his much you can borrow on your own. Perhaps spread it over a longer term.....

Bea1985 Thu 09-Nov-17 09:37:20

For all the bank knows, one person pays the mortgage, the other pays all the bills, or does all the childcare, or has done loads of improvements on the property. They really don't care who has been paying the mortgage in terms of establishing entitlement to equity.

sothisisnew Thu 09-Nov-17 10:42:06

My DP paid the mortgage on the family home for the best part of a year after he'd moved out (and she then moved out a few months later before it was sold)- according to his solicitor it doesn't count for anything.

Hohofortherobbers Thu 09-Nov-17 17:27:34

The bank won't see the fact you've been paying alone as proof you can afford to. Since new mortgage regulations came in 2014 they have to prove they are responsible lenders and will recheck your affordability as if you're a totally new customer. We just remortgaged with our bank. Same lender, not extending mortgage, just switching to fixed rate. They spent over an hour picking through all our finances when thy could see we'd never struggled paying for the last decade

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