Removing name from ex partners mortgage?! Help !

[Mummyrj18]

My partner and our two children are desperate to move into a bigger property, currently renting. Our kids share a room so it’s quite important for us to getting a bigger place.
We both work and could potentially get a mortgage but my partner is still on his his ex girlfriends mortgage from their relationship over ten years ago. We have asked her to remove his name and start the process but she isn’t being very helpful ! She has married someone else now and has no reason to not want my partners name off the mortgage too. Anyone been a similar situation or understand the legal side of things ? I don’t know where to start 😟

I’d make an appointment with a property lawyer for advice.

If he's on the mortgage presumably he has a share in the equity of the house?

I'd have him message her he's interested in pursuing that share now since she's not getting him off the mortgage quick enough.

Time to suggest to his ex that they sell up. He can go to court to enforce this although if he has children with her it is trickier.

She has no children, just her and her partner stay in the house. I think she is behind with mortgage payments but she goes on plenty holidays etc. Worried how much court fees may cost ☹️

He is jointly liable for the mortgage. If she is missing payments then he is going to find his credit rating will be impacted. How much is the house worth? Is your dp getting statements from the lender? Has he made any payments towards the mortgage?

Essentially they need to ‘sell’ the house and she needs to ‘buy’ the house alone

So similar process in respect of solicitors and banks lending the money.

You need facts

Outstanding mortgage, repayments, she needs to be able to afford the mortgage alone etc

He should see a solicitor and gain facts

If she cant afford the mortgage on her own the only option is to sell or your dp and you buy her out.

I think she is behind with mortgage payments but she goes on plenty holidays etc

H eis also behind then. have you checked his credit history ? .

You can't just take your name off a mortgage. You owe the lender the money you borrowed, and depending on whether you're joint tenants, or tenants in common, you're responsible for paying either all or half of the money back. You can't just decide you're not going to pay any more.
And if she's not paying either - there's trouble ahead.