Removing partner from mortgage

[smiffy42]

This is long and painful...
I have an ex partner who was on my mortgage for 5months, i found out he owed thousands of pounds and had lied about money. He signed a letter leaving the home and stated he did not want anything to do with the house or profit. As I could no longer afford the mortgage i have put the house up for sale. He has disapeared, i have a phone number but he never answers a solicitor has tried contacting him to no avail. What is the cost and the quickest way to remove him from my mortgage, i have a offer on my house, but was told i would need to go to court and ask him to be removed how ?

[MustafaTickl]

Its not so much the mortgage that is the problem but the Land Registry. Is he named on the Register at the Land Registry? If so, how - joint tenant or tenant in common?

[smiffy42]

thank for your email, I believe it is joint tennant

[MustafaTickl]

OK. You will have to change joint tenant to tenant in common. This is a very simple and inexpensive process so phone your local District Land Registry Office who will guide you through and tell you their fee. The consent of your ex partner is not required. As a tenant in common you can then apply to the County Court for an Order to sell stating that the whereabouts of the other tenant in common is unknown. You will eventually get the Order but the Court will require much reassuring and convincing beforehand that the other tenant is truly "lost". Without the Order the sale will be blocked at the Land Registry and they will not budge until you get the Order.