Can my ex really force me to sell my home?

[alarox]

I would be very grateful for any opinions on this! (Ashamed I was stupid enough to get in this position in the first place. I was a very naive 21 yr old )

I bought a house with my ex-partner in 2006. He left me in 2007, saying he didn't want anything from the house, he just wanted me to pay the mortgage and get his name removed. It was 100% mortgage, and he got made redundant shortly after moving in so I made most payments alone while together.

Unfortunately when he left the house dropped in value by nearly £60k. Remortgaging to remove his name wasn't an option. My ex thought I was being obstructive, but my only option was to keep paying the mortgage and wait for the house value to rise again.

In the meantime I've married another partner, have a child on the way, and finally the house is nearly out of negative equity. We're saving for a deposit to remortgage to get my exes name off.

My ex has been in touch to say he's waited too long, and he's applying to force the sale of the house, and I will have to pay his legal fees if he's successful. I know he's frustrated, I am too. But I've been clear with him about the situation, forwarded him regular estate agent valuations, updates on bank meetings etc. I've worked so hard to get this close to removing his name, I can't believe he could do this now.

My question is; is it likely I will be forced to sell my home? I foresee being in a financial position to remortgage in a year or two at the most. Would a judge rule in his favour do you think?

Thank you for reading all this!

You can't just "take someone's name of the mortgage". It's a debt, a very big debt, and the lender won't just remove one person's liability for that debt.

Op. I don't think you'll win if he applies to Court to get an Order for the sale of the property. If you contest it and lose you'll be liable for his fees and Court costs.

He's waitied 8 years. The property is now breaking even (almost) so it's time to sell up and move on so he can get on with his life. It's entirely possible he is waiting to buy a home with a new partner or otherwise and can't whilst held on the mortgage with you.

Look up "Tolata checklist" for all the things a Judge would have to take into consideration. Yes a child living there is important but if you have the ability to live anywhere else then you'll be expected to do so. You have a new partner and presumably you could rent somewhere together if not buy once the house is sold.

I have been through this process on his side recently. My ex was paying the mortgage and living there and refused to sell. She wanted me on the mortgage so me and my new partner couldn't move on and buy a place of our own. I took it through Court and a Judge immediately ordered the property placed on the market. She contested it all and I was awarded costs which she had to pay. In fact she didn't comply and I ended up going through the eviction process. She paid all my legal costs, Court fees and those of the Bailiffs (hefty).

You won't be able to get money off him for the mortgage you've paid whilst he's not been living there. He owns the property too so whilst you've been paying his "share" of the mortgage you haven't been paying him rent instead for his "share" of the house. If you hadn't lived there he could have rented it out to pay the mortgage. It's a non starter as an argument.

Thanks to the most recent posters. It's good seeing it from another side.

I went to a solicitor first at the very beginning. I was charged £300 only to be told there's nothing they can help with until a bank agrees to remortgage. I went to my mortgage lender, they refused. I went to a mortgage broker, they said come back when the negative equity is cleared, and I have a deposit (they said no one will remortgage at 100%).

I traipsed round the high street lenders in desparation. There's nothing odd or fishy about it. I've been trying hard to remove his name. I've had bailiff letters addressed to my ex coming here in the past and hate to think they could claim his debts from me. I'm desperate to move on from this. I just wondered if anyone had similar experience. My husband and I are on modest incomes. My husband has tried for a loan towards the house but is always refused. And the pp is right, you can't just remove a name from a mortgage. If only it was that simple!

Oh and the house value had already dropped while we were still together.

Years ago I was at uni and DP wanted to buy a house. We ended up buying a sort of house share, two couples with the males in each couple owning half the house each but all four of us living there. Years later I had finished uni and was working and DP and I wanted to live on our own.
In the end the solicitors and existing mortgage company swapped DP's name on the mortgage for the other owners DP. It just cost the solicitors fees and no remortgage was needed and they remained with the same company.
Can you not look in to swapping your ex for your DP on the mortgage?

I am personally very surprised that the first solicitor you saw did not at least produce an agreement for you your ex DP to sign. It does seem a bit remiss to me.
This cannot be an unusual situation, over the past few years with couples splitting up when there is negative equity.

I would go back to your lender now you are almost out of negative equity to see if they are willing to transfer your husband's name on to the loan. Any remaining negative equity (unless you have anything else stated in a signed agreement) is the joint responsibility of you and your ex. Rather than incur the costs from the legal action you may just want to become responsible for this yourself.

See a different solicitor and if your existing lender is unable to help contact a mortgage broker and/or a financial advisor.

If he knows you are almost out of negative equity he may have been advised that he can force a sale without getting a huge debt.

From his point of view he probably wants to be able to buy himself now. How long will he have to wait for you to save a deposit?

Have you only been asking to remove his name? Not to replace it with your husband's? If so, I can see why he's upset.

You may well have a case for claiming half of the capital repayments you've made (not the interest), and if it's sold he'll be responsible for half the negative equity.

That's wrong. It's called equitable accounting. Have a look at this, which explains it.

www.familylawweek.co.uk/site.aspx?i=ed1746

People replace people on the mortgage all the time but that new person has to have financial substance. So it just depends if the new man is solvent and can pass all the credit checks which if my daughters can in their 20s no reason this new man can't. Also both of them could presumably get second jobs to increase their income to make it easier to take the ex off the mortgage.

It would have to be a new mortgage, as no mortgage lender would do more than remove one lender from an account on a transfer of equity. You'd have to convince the lender that your new H is at least as good for the debt as your ex.

It was in 2008 when my DH transferred his name to someone else. She had to shows pay slips etc but no remortgage. Guessing it has changed with the new lending rules then?

I have another friend who is still on her ex's mortgage as the lender wouldn't agree to removing her name as his income alone was not high enough. They had some paperwork filled at solicitors to show that there was a separation of finances and from that point forward the ex was responsible for the house. The house has just gone up for sale nearly 7 years later!