Partner can’t get off mortgage with his ex after 8 years of separation

[Pixie3683]

Hi there,

I have quite a complex situation that I’m hoping I can get some legal advise on.

When My partner separated from his ex in 2010, she had him sign a separation agreement as they have 2 children. The rules set out in the agreement are extreme and heavily biased to his ex’s benefit, but she was making all sorts of threats about taking his children out of the country if he didn’t sign it.

The one that’s causing us trouble is around the flat which he bought independently many years earlier. The agreement states that he must transfer all his legal estate to his ex. Following the agreement bein signed, she had his name removed from the land registry, so she is sole proprietor. This is itself causes us little issue as he (in fact we) would do anything to make sure his children are safeguarded and have a stable home. We have no interest in the property.

We would however like to buy a place of our own and this is where is gets tricky. Whilst his ex is sole proprietor the mortgage is still joint in both their names. His ex has said that the bank will not approve a mortgage for her on her own.

This basically leaves us unable to get on the property ladder as he already has a mortgage on a property, even though he doesn’t own it and never will.

I suspect there’s little we can do, but the idea of never being able to get out of the rental market sickens and frightens me!

Any advice greatly received

I assume if his name came off the mortgage his ex wife would have to buy him out of his share of the house or the house would have to be sold and money split. However, there are children involved. Is he still married to his ex? Or were they never married?. Can you get a mortgage on your own? The other option is to leave this relationship and find someone with less baggage

How is his name not on the Land Registry title but still on the mortgage? I bought ExH out of his share of the flat a few years ago and the bank insisted that the mortgage matched the Land Registry. Otherwise they have no security if he refuses to pay.

Did a solicitor advise him of the future issues when he did this? He needs to go back to a solicitor.

It isn’t unusual for the land registry not to match the mortgage, but it does happen (found others threads with the same issue). The bank insisted he stay on the mortgage and his ex doesn’t qualify on her own and were happy as long as one of the mortgage names were on the land registry. If either of them didn’t pay, they’d claim the property, so that’s their security and as his children live there he’d obviously never let that happen!

The idea of waiting till the mortgage ends (in 10 years) would leave us too old to get much of mortgage anyway, we’d be 50 and 45 by then!

Sadly he didn’t seek legal advice at the time - yes I’m well aware that’s insane, but he was such a mess from the break up and wasn’t thinking at all clearly, he just wanted the drama and upset to stop and to still be able to see his children - who we both adore!

The issue is, as she is the sole proprietor the property could only be sold if she chooses. She doesn’t want to sell and has little care for his future or situation.

Thy were never married and spilt almost 8 years ago. He and I have been together and renting a place for 3 years. Suggesting I end the relationship because of his crazy ex is pretty shocking and heartless tbh!

I wonder if the "separation agreement" would be upheld given that it was (according to your DP) signed under duress and (in your DP's opionion) contains unfair terms. Definitely need to consult a solicitor.

'They were never married', but it seems he is still legally attached to his ex by still being on the mortgage. I am sorry you think that I was being heartless. I am a very practical person. It seems that you cannot buy another house whist he is still entangled with his ex. That is a fact!. How long will you wait for him to disentangle himself from his ex? I would ask him what is stopping him from a complete split from his ex, cost? Children? Or he doesn't want to own a property with someone else in the future?

Has your DP ever had a solicitor go over the agreement?

He sounds a bit thick tbh unless he's not being straight with you. That's a very unusual situation. Who drew up this legal agreement?

You need to talk to a solicitor who can provide better advice.

I would ask him what is stopping him from a complete split from his ex

The OP has answered that question. The ex cannot get a mortgage on her own so the bank insists on him staying on the mortgage. The bank is preventing a complete split. He can't force the bank to take him off the mortgage. Nor can the courts. He could, of course, reduce the mortgage to a level where the bank is willing to take him off it, but that probably be a substantial outlay - probably several years' salary, so not really practical.

He may be able to get the separation agreement overturned if he takes this to court. But it sounds like a sale of the flat is likely to be the only way to get him off the mortgage. As there are children involved his chances of forcing a sale in the near future are low.

He needs to take proper legal advice.

Thanks everyone, we are in the process of engaging a solicitor, but thought I’d reach out to you all to see if anyone else had experience of anything similar.

As prh47bridge said:
The ex cannot get a mortgage on her own so the bank insists on him staying on the mortgage. The bank is preventing a complete split. He can't force the bank to take him off the mortgage. Nor can the courts.

I suspect trying to overturn the separation agreement may be out only option, this of course will be expensive and stressful for all involved and knowing his ex, she won’t keep the children out of it! Plus, even if the agreement is overturned, I don’t think it will automatically put his name back in the land registry. So that will be more cost and more stress! Even then, the property would need to be sold in order for him to be removed from the mortgage, leaving his children “without a home” as his ex says (repeatedly) - even though with the sale of the property and the £1000 per month he pays her for the children she’d be more than comfortable to either rent or start again herself.

Think it’s a long road ahead!