removing ex from mortgage

[motherofson]

Just found this forum and hope you can help. I have read a similar thread but couldn't find any answers. My son has the following problem. He bought a house with his girlfriend 10 years ago. He paid the deposit (I loaned her the money for the fees which she promised to reimburse me for but I only received �50 from the �1,500 owed), he paid the mortgage repayments and she paid a couple of bills while she lived in the house. Their relationship ended after only six months and she went off with his best friend. We have not seen her since but do know she receives letters at her mother and father's house. The house now has equity. His mortgage is �60,000 and the house is worth c.�160,000. He has an endowment mortgage and she is still on the life insurance - what would happen if he died? He is trying hard to get his financial affairs in order and about 6 months ago he wrote to the Building Society and asked about getting his ex partner removed from the mortgage. The Building Society's legal department has sent letters to her via her parents house, which we know she has seen, asking her to consult a solicitor (she would get legal aid) and negotiate a sum of money and sign the forms to remove her name from the mortgage. She refuses to return the forms or communicate with the Building Society or my son. Is there any way she can be made to negotiate/communicate. Could she just refuse to co-operate for the next 25 years? How much is she entitled to having lived with my son for 6 months?

[Mrs_Pegasus]

This is a tough one. Is she on the deeds to the property, that is the key in all this and not necessarily the mortgage. If your son can prove he can manage the mortgage on his own then I dont see a problem.

However, if she is on the deeds to the house, then she is entitled to a share in its equity. I dont mean to sound negative but knowing what a friend went through, it was all very long and drawn out and cost a large amount in solicitors fees. Are you sure she can get legal aid?

What are the legal department saying? I know that if it went to court, the chances are he would have to pay her something but I doubt she would have a 50/50 cut in the equity.

Unless she plays ball, there is a chance this could be a long drawn out battle.

[dannydingbat]

Based on what you say, she owns a half share and is entitled to a large portion of the equity. To remove that would require some sort of court proceedings which will cost a lot. She has all the cards at present. Without a voluntary acceptance of a settlement on her part, she wins everytime. Although it seems unfair, this is an object lesson why everything should be dealt with in advance of a break up which people think will never happen but we all know that it will. He needs good legal advice.

[redcrx]

well it sounds as if she really isnt bothered about the money aspect or keeping in touch with him or the mortgage company. I wonder how she'd feel if the mortgage wasnt paid and they went to her for her share.
Is it worth maybe trying to get her to sign her name off the mortgage for a pay off. In the long run it could be worth offering her a few thou as a full and final settlement for any claims she has against the property or your son.

[EverClean]

As the other answers have stated, she is officially entitled to 50% of the equity and to have her reomved from the mortgage will need her consent and the lender will need to be satisfied that your son can afford to pay the mortgage on his own. This will become difficult and lengthy if she doesn't play ball.

A letter with a cash offer to have her removed from the mortgage may be the answer.