Stuck on a mortgage

[Lunapot]

Bought a house with BF 22 years ago , after 3 years I left and just walked away due to breakdown in relationship . Since then I’ve requested 3 separate occasions to be removed form the mortgage (don’t want anything just need my name off ) 2024 I now need a mortgage, I can’t get one as still being used as a guarantor on the original mortgage by ex . Solicitor has asked him to make me an offer and to buy me out (he can’t as he used the house as security against a loan that he has defaulted on, so even if he was prepared to do this mortgage comp won’t release me ) so now I’m stuck on his mortgage . Solicitor has advised I take him to court to force a sale where she believes I will get 50% of equity . Does anyone know what this will cost me . Solicitor has said it could be between 2 and 10k !!!! and he might have to pay my fees . Can anyone shed more light on this pls .

@rowboat5 when your ex decided to remove you after receiving. court letter what was the process ?

He went to a broker for remortgage and then I had to sign papers to say I agreed to transfer the equity to him so I took nothing from it. The other option was that he sent me a lump sum but as another poster said you need to check out any capital gains tax that may be due from taking money off him.

Can you not just ask the court for him to buy you out to the sum of the court costs.

The house has a legal contact he has prevented you securing stable accommodation for HIS child for its entire life!

Stop taking on his emotions over it, get angry at what he has done. Go to court get it sorted.

If you get half tough on him.

Seriously you DESERVE all of your legal costs plus compensation. Why do you think you don't?

Whilst he was enjoying low mortgage repayments, secure accommodation you had to rent.

@RandomMess a new development which confuses me again !!! Ex has texted today and said he’s getting another mortgage to payoff the o/s amount and that I should just now go ahead and remove name no need to force sale !!!! Is this possible …… ?

That is what he could have done all along.

Yes, it's possible, provided that he signs the necessary documents and pays off the previous mortgage. Ask your solicitor about it.

F him seriously you legally own half that house. Tell him you want your share!

And he pays ALL your costs AND something for stringing it out for 20 years.

Did he pay you adequate child maintenance while you were bringing up his child?

To be honest you're throwing away £60k if you simply walk away from it. There is no point in doing that. He will have known at the outset that you were an owner and entitled to your half, yet he did nothing about it.

He has realised you own half the house and is now hoping you will walk away from it. I wouldn't, go to court and get your share towards a home for you and your child. Has be paid child support, been a good dad?

Do NOT agree to remove your name without him giving you the value of your share of the property.

Neither he NOR you can just "get you removed from the mortgage". It's not a bank account, it's secured lending.

He will need to apply for a remortgage with another bank (or the current bank), in his own name only. He will need to prove he can pay it alone. If he can't, then he will not be allowed to take a mortgage in his own name alone. If he's taking a new mortgage, then you have nothing to do with it. But then he'll have two mortgages running concurrently.

However - if he goes ahead and remortgages alone, you will need to ensure that the equity is paid out as cash to you else you will lose it. That part is a solicitor job as per previous comments.

Forward the text to your solicitor and follow their advice. Ex is talking bollox, probably because he is scared of court.

He may be able to get another mortgage in his own name to pay off the existing mortgage. However, that does not affect your joint ownership of the property. He still needs to pay you 50% of the equity in the property. I suspect he will now send you papers to sign, saying that these are needed to get you off the mortgage, but which actually transfer your 50% of the equity to him without any payment. Do not sign anything he sends you without taking legal advice. Stand firm and insist on getting your portion of the equity.