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Original poster

Can I get off the mortgage?

12 replies

3beforeme · 15/08/2024 00:16

I split from DH 7 years ago and I am really want my name off the mortgage. We have three dc who we have court ordered 50/50 custody of. He is in absolutely no position to buy me out. No job. Claims universal credit. He is currently only paying interest only payment on the mortgage and has done this for the last seven years. His family actually give him the money every month towards the mortgage.
I have a new dp. We would like to buy our own home but are unable to do this as I am still named on a mortgage.
I haven't paid anything towards the property since I left. Initially I think his family were planning on buying me out but this never materialised and we have come to this unspoken agreement whereby he lives there and I pay nothing but take no action.
We aren't actually divorced if that makes a difference - decree nisci only. Can I force him to sell? Or would this not be allowed as the dc are there 50% of the time and he's in no position to buy or anywhere else to go?

OP posts:
YesThatsATurdOnTheRug · 15/08/2024 00:22

I don't think you can come off the mortgage as a joint owner, especially as he doesn't have the income to afford the mortgage on his own. You could force the sale but you would have the difficulty of the fact that you'd be evicting your own DC. Have you spoken to a mortgage advisor?

Biggaybear · 15/08/2024 01:44

Thats a very tricky question. I think a court would have to give you the answer, but yes, the only way round the problem us a forced sale.

As for homing your children whilst they are with him - will his family not help ? Seeing as they seem to be paying the interest on the mortgage will they not help him with rent instead ? And why doesn't he work ? Disability ? MH issues ? Or just lazy ?

Again, court ordered 50/50 - will that change if he doesn't have a home ? I think it's time you either shit or get off the pot. Stop delaying things - get divorced & force the sale of the house.

prh47bridge · 15/08/2024 08:28

You need to get a financial settlement sorted and finalise your divorce. If the decree nisi is more than 12 months old, you will have to explain the delay to the court when applying for a decree absolute.

Overthebow · 15/08/2024 12:30

No you won't be able to come off the mortgage unless he can take over the mortgage himself which seems like he won't be able to. You need to force a sale.

Original poster
3beforeme · 16/08/2024 07:45

Thanks. Unfortunately the family member who supports him does not live in the area so they could not stay with them. They also wouldn't be able to act as guarantor on the mortgage as they are over 70. I am not sure if this would be the case if they rented.
He hasn't worked in years, long before I left. Mostly laziness with some mental health thrown in I think.
If the only way is to force the sale then I don't think I can do that to my dc. They love the house and the area. The issue is they don't really like where I live as it's further out from their friends and they have to share a room. But I can't actually move closer as I'm stuck on the bloody mortgage!

OP posts:
BloodyAdultDC · 16/08/2024 08:11

A court can force a sale. It's the only way really - he can't buy you out.

Explain to the DC that once you get the proceeds of the sale you might be able to move closer?

Why on earth didn't you finalise your divorce 7 years ago?

MyOtherCarisAVauxhallZafira · 16/08/2024 08:14

Can you buy him out?

redrudolph · 16/08/2024 08:30

He can do a transfer of equity for your share, so whoever supports him, if they are willing can take your place instead.
It benefits him as you will not have any rights over that asset.

Original poster
3beforeme · 16/08/2024 08:34

BloodyAdultDC · 16/08/2024 08:11

A court can force a sale. It's the only way really - he can't buy you out.

Explain to the DC that once you get the proceeds of the sale you might be able to move closer?

Why on earth didn't you finalise your divorce 7 years ago?

I have explained that to the older dc. They're very much against it and concerned I would be leaving their dad homeless.

I wish I had finalised the divorce. Things were just very bitter between us and he was apparently suffering with his mental health. Once we finally had things a little more amicable for the kids I was concerned about rocking the boat.

OP posts:
Original poster
3beforeme · 16/08/2024 08:34

redrudolph · 16/08/2024 08:30

He can do a transfer of equity for your share, so whoever supports him, if they are willing can take your place instead.
It benefits him as you will not have any rights over that asset.

What is a transfer of equity? Would this be ok even if the family member is over 70?

OP posts:
Original poster
3beforeme · 16/08/2024 08:51

redrudolph · 16/08/2024 08:37

https://manaksolicitors.co.uk/services/residential-property/transfer-of-equity-the-process-explained/

It is essentially transferring your half of the mortgage to someone else that he would like.
Age restrictions are down to individual mortgage lenders, I believe they go up to age 75

Thank you - although I think they're over 75 😩

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