How can i get my name of a joint mortgage?

[angelfaces1]

Help!! i am stuck, i have been seeking legal advice on how to get my name taken of a joint mortgage in which i share with an ex-friend. All the avenues we have trailed down need my ex-friends correcpondence however she is not complying. In the past she has faked my signature (proven) to gain a remortgage but did not suceed and the mortgage company says this is not an issue because she did not gain any money. i have no interest in the property or her any sugestions would be much apprieciated !!!!

[Ethel]

If she can't afford the mortgage on her own, it's not going to happen. Even if she can afford the mortgage, but can't convince the mortgage company.

You can apply to the court for an Order for Division and Sale - it won't be refused. Then the property will be sold and division of the profits will have to be agreed between you.

If the property is in negative equity, then it is going to be very difficult.

[angelfaces1]

Thank you for ressponding, i have not been paying any of the mortgage since march 07 the other party has been paying without any arrears up to date. It has been confirmed she cannot but me out but because she has been continuing the payments would that not help???

[Ethel]

No.

In the current financial climate the banks are very wary about borrowers over extending themselves with borrowing.

If her income isn't great enough, she won't be able to get a mortgage on her own. It really is that black and white.

The only other solution to selling is for her to find somebody to buy your half, and be jointly liable for the mortgage.

[angelfaces1]

Sorry to keep hasaling you but if it is possible could you explain what you mean by court of order? do you think this is a great option to take? i really am becoming despirate.

This person i have the mortgage with is not the niceset of people i am prepared to try anythin.

[Buenchico]

If a court grants an 'order for division and sale', the court sells the property. After the selling fees and legal fees have been deducted, the court will decide how the remaining proceeds of the sale should be divided. This decision is based upon representations from yourself and your former friend. (Even though you, presumably, jointly own the house with your ex-friend, she could reasonably expect to receive rather more than half of the net proceeds if she's contributed a greater part of the mortgage payments).

Chris

[angelfaces1]

Thank you Thank you all,

To be honest i am really not interested in anything to do with house or the money i just want the girl in question out of my life she is bad news.

[angelfaces1]

i am going to try all that has been suggested to me but any more suggestion are greatly appreiciated.

[Ethel]

Does the court sell the property, or order the sale?

Anyway, whilst your name is on that mortgage you are jointly and severally liable for the debt - if your ex-friend does a runner it is you they will chase for the monies; it is doubtful you could get another mortgage to buy a home of your own (unless you have a very high income); you may have difficulty getting housing benefit should you lose your job.

These are some of the reasons why a court always orders the sale - the few exceptions are where young children would be adversely affected or the house has been adapted for the severely disabled owner occupier and it would be unreasonable to expect that person to find another suitable home quickly.

You really do need to take control of the situation and take action.