own house with ex shes not lived/paid for 4 years want to sell

[loulou88]

Hi i bought a house 5 years ago with my ex. e spit up after a year of not living in it. part of the reason for the split was she was spending all the money in the joint account rather than paying the mortgage.
She left the house and now lives with a new boyfriend and child with him.
I have been trying to get her name off the mortgage as she hasn't lived or paid any of the mortgage. my mortgage company advised i would need to pay £13k due to having interest only mortgage. is this right? i have been paying for 4 years on my own and they will not except me to get a mortgage on my own right.

I have looked into selling the house, but would need her signature to which she is refusing. i have also looked into renting it out to a at least save up to the £13k to get her off and again she is refusing to sign.

how can she have any rights when she has paid nothing and hasn't lived in the house in the house for 4 years. Really need some advice on this as want to get rid of it ASAP.

[tonyav]

If I were you I think I would have talk with a solicitor about this.

[hc4361]

She has rights because legally she owns it the same way as you do.

The mortgage company thinks your income isn't high enough to support the mortgage for that amount; they may be reluctant to remortgage if the house is in negative equity.

You can apply to the courts to get an Order for Division and Sale. In effect you would be asking the court to compel your ex to agree to the sale of the property. See a solicitor.

[VHG]

>>>>how can she have any rights when she has paid nothing and hasn't lived in the house in the house for 4 years

Because her name is still as joint owner.

[tonywiltshire]

The difficulty you may experience is due to you both being owners and having a joint mortgage on the property, your Mortgage provider will not care who pays the mortgage as long as it is paid, and they can pursue you or your ex partner for the full amount (not 50%). If your ex-partner agreed to be removed, the mortgage provider may object, as they would no longer be able to pursue her if mortgage payments were not received.

Your ex-partner may not be aware she would be liable for the mortgage payments if something were to stop you paying and may agree to co-operate. You then need to prove to the mortgage provider that you are able to pay the mortgage on your own, particularly if the property were rented, but do remember you would be taxed on any profit you made and may be liable for CGT when the property were sold.

[factor-fiction]

Hi- I'm not clear who the £13000 is to be paid to- is it a payment to the mortgage provider which is in effect a partial repayment of the original capital?
As others have said that would make sense as you have only been paying interest rather than repaying capital until now and the mortgage company may feel your income can't support the monthly repayments and ultimate capital repayment.
If you can raise the £13000 it isn't a bad deal because it will reduce the capital amount outstanding (which you would have to repay at some stage anyway) and should reduce the monthly interest burden.
If you can't raise the money your friend will have to be aware that it may be in her interests to sign to allow a sale as if she doesn't and the house has to be repossessed she may have to pay some costs and towards any negative equity amounts due.

You could consider taking legal advice about her failure to pay towards the mortgage but I think the winners there would probably be the solicitors.