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JOINT MORTAGE... SEPERATION... PROBLEMS

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cr2ig | 12:56 Sun 16th Oct 2011 | Law
3 Answers
Hi.

Me and an ex partner got a mortgage on a property and split around 2 years ago. For one reason or another we agreed on keeping us both on the mortgage and she continued living there providing she paid the mortgage etc.

On reflection this was a very bad idea.

I have had a letter stating court action for none payment of mortgage. I have tried to contact her through friends and family as well as through my solicitor but to no joy.

I got into the property and have changed the locks and made an agreement with mortgage company to clear the arrears.

What now? I have spoke to my mortgage company who have said they can do nothing til arrears are clear... - fine...

they also said without her to sign anything it will be very hard to get her off the mortgage. all i want to do now is have one of us taken off the mortgage?!! The house looks as though no one has lived there for months for all i know she could be dead?

Long shot i know but has anyone been in a similar situation who can offer advise?
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It is a common misconception that you can just take someone off a mortgage - what you have to do is remortgage in the name of the person who wants to stay the owner, but to do this the current mortgage would have to be paid off, which sounds unlikely at present. Also whilst she is the co-owner you cannot legally lock her out of the property. You need to see a solicitor.
you are liable together or apart. why not sell and divide the profits?
Clearly the last poster neither read the question or has been in a similar position

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