Can I sell the house with ex’s name still ok the mortgage

[UserUser321]

I took out a mortgage with my now ex just over 12 years ago. We split up 10 years ago so I’ve paid the mortgage myself the majority of the time. When we split, he said he would move out and let me keep the house on so as not to upheaval our young children.

I made the mortgage lender aware of the situation but was unable to take his name off of the mortgage, basically because I couldn’t afford to.

I now want to sell the property but I don't have a clue where my ex is. My kids haven’t seen or heard from him for 3 years. His family have all disowned him and none of them know where he is and the CSA haven’t been able to catch up with him.

There is equity in the property but he owes me thousands in child maintenance arrears so if he did get anything from the sale, I would get it back anyway.

Can I sell the property without his permission? Do I need a signature for him? Any advice would be appreciated.

Thanks

No you can’t. It’s going to involve some costly solicitor fees and possibly court fees if they can’t find him. His half of the equity won’t go to you regardless unfortunately. My husband had to pay out to get his ex removed from the deeds before we sold his house, as she’d had her share paid in cash when they split and then refused to sign to take her name off. It was a pain and I do feel for you.

Sounds a rubbish situation for you. Maybe see if any local solicitors give 30 minutes free sessions and find out how much it’ll cost you?

Thanks @AGreatUsername

It’s just a pain as my daughters are hitting their teens now and really want a bedroom each so we need somewhere bigger.

No one has a clue where he is. No friends, family, nothing.

I’ve thought about renting the property but just can’t be bothered with the hassle of it all.

You need to find him and a decent solicitor.

He could claim all the money/equity as he’s still legally an owner.

You're in a difficult position.

Thanks. I know it’s rubbish. And he’s the type of person who would want half of the money, although my daughters have barely seen a penny from him and I’ve paid the mortgage for the past 10 years myself.

We were never married though, don’t know if this makes any difference?

If you aren’t married how do you own the house?

Tennants in common or joint owners?

When I’ve seen this come up at work the only option if you want to sell is to hire an investigator. Which could be costly depends on how much you want to sell.

Assuming you bought the house as joint owners and didn’t specify shares each held he can annoyingly claim the equity. However if your solicitors reveal his address (I’m not sure how that bit works) you can pass that on to the CMS and show evidence of his windfall 😉. Is your case with them still open, therefore backdateable, or closed as they can’t find him? In your shoes I’d try and open it again now if so, so at least any claim will be backdated to now.

Can you not sell the house and put his share of the profit into a high interest account in the name of your kids
or make them part owners of the new property

a good solicitor should be able to find a way around this

All very well putting ‘his share’ in an account when OP probably need that money to move.

Do you have evidence of you paying the morgage? Receipts for home improves etc?

Yea I still have an active claim with CMS. He was employed at the time I made it, then the earnings stopped but he never got in touch with them to report a change of circs so the arrears have just kept on mounting up. He owes more than half of the equity so CMS (I think) would claim it all back off of him. CMS have been trying to contact him but he never responds and has never claimed benefit so I don’t know if he’s even still at the address they hold for him or if they actually do have an address as they were taking the payments straight from his wages.

The mortgage is a joint mortgage.

Yea I have evidence that I’ve paid for everything myself. All DD payments have been made from my bank account.

And yes, unfortunately I would need the money from the sale of this property to move.

The thing is you are looking at this wrong really

If he was taken off the mortgage 10 years ago, you would have the equity AND the arrears.

You are still losing out.

Yea I know. I’m not even that bothered about the maintenance arrears, I just want a bigger place for me and the kids but without the sale of my current place, I won’t be able to do it ☹️

There was a legal precedent set about 10 years ago where the man left the woman to pay the mortgage then expected 50-50 when she sold up years later. Very similar circs to you, I think he got 30% but you will need a private detective to find him and a good lawyer.

I wonder if he can be declared legally dead?. I mean, no one disappears off the face of the earth do they?.