Ex refuses to pay joint debt help!

[equidivine]

My ex left me with allot of debt

Main issue is the mortgage
He kicked me and kids out 5 years ago and didn't pay mortgage while he lived there for a year
It went to repossession with £8k arrears and there is a current repossession order
He moved out to move in with new partner

Iv paid off around £3k debt and paying everything myself with my kids young kids.
The mortgage have offered a consolidation mortgage to remove the debt
He is refusing to agree to the terms and keeps sending me solicitors letters saying if I don't remove his name from mortgage he will take it to court to force sale

I cannot legally remove his name until the arrears are gone which is available if he agrees to consolidation mortgage

How do I move forward?

He has left me with allot of other joint debt but I can't afford a solicitor. I can't even afford to live but I'm managing alone.

Iv been to CAB, domestic violence for financial control, police, MA but no one can help 😥 I'm so lost at what to do!

Anyone ever had this issue?!

If the house us repossessed why are you paying the mortgage still. Stop paying and let the bank chase him.

Is the consolidation in your name solely?

I'm assuming you moved back in that's why your still paying

You say he kicked you out five years ago - who is living in the house now?

I would send a letter to his solicitor stating he needs to sign the papers to take his name off and you will move and stop payment on the mortgage if he attempts to force sale and that any benefit from the sale will be negligible due to the repairs needed on the property

how much equity would there be if it was sold (assuming you price lowish for a quick sale)?

are you equal owners of the property?

do you have a job?

He sounds like a complete arsehole, but I think I can see why he won’t agree to be part of the remortgage.
You say you can’t remove him from the mortgage, until there are no arrears.
If you are both a party to the new consolidated mortgage, how do you then remove his name?
You’d need to remortgage again.
Based on reading between the lines here, you would not get the mortgage in your own right. You might even be hit for big fees even if you can - as you may have an early repayment fee on the just taken out consolidated mortgage.
So if I were him, I wouldn’t do it either, sorry.

I would advise you to speak to Stepchange or CAP, one of the free debt charities, both for the unsecured debt and the mortgage and arrears. It may be that you need to sell up. But possibly Stepchange can help you to structure your debt to pay mortgage + portion on arrears to hold off repossession, which you afford by negotiating token payments with the other joint debts.

You say it’s joint debt - is that actually still in his name too? You may find that if you negotiate a token payment, they start to more aggressively go after him for payment.

Were you married? Do you have a Consent Order re the house, or a legally binding agreement? I’m concerned you could be paying all the mortgage whilst he’s still gaining equity.

@slipperywhensparticus he can’t do that - he can’t just sign a piece of paper to take his name off the mortgage. OP has to remortgage in her own name. He’s an arsehole, but it’s not his fault that he can’t do that.