Going to court

[darkhorse]

Hi it looks like i may have to take my ex-partner to court to have my name removed from the mortgage. My question is my daughter who is under 16 years of age still lives in the 3 bedroom house with my ex-partner i am going to go for a share of the equity in the house just to cover the court costs. What is the likey hood of the judge ruling in my favour and what happens if he doesn't if anyone has had to do similar i would be happy to hear about it... Thanks for any comments...

[chadwin62]

Hi darkhorse, a friend of mine is going through the same deal, when it gos to court you are entitaled to a streight 50/50 split of the eccrud equity, that is what the law states.they do not take your child in the matter as long as you are paying something for her up keep. i hope this puts your mide at rest good luck and best wishe's

[Pippa68]

I thought that to have your name removed from the mortgage your ex partner would have to buy you out? it also depends on whether the mortgage company will allow it ~ but as the property is in equity that shouldn't be a problem :o)

In any case, I would imagine that if your partner has to buy you out he will need more proceeds from the property than you so you may not get a 50% share. I suppose it depends on how much equity is in the property.

I would disagree with chadwin62 regarding your child. As she is under 16 an presumably in full time education your ex partner is entitled to keep the family home ~ so releasing equity may be a problem.

Do you have a solicitor?

[Pippa68]

Sorry I clicked submit before I was supposed to!

What I was going to add regarding your daughter is that there may be a charge put on the property ~ basically this means that when your daughter is self sufficient and out of full time education the house will be sold. This means you may have to pay the court costs out of your own pocket first..

Is there a particular reason why your name must be removed from the mortgage this soon?

[Mrs_Pegasus]

A judge would be reluctant to put undue pressure on your ex with a child living there. However, if you wish to move on with your life and get a mortgage in your own name then I can see why you want your name removed, the fact it isstill on it will reduce your borrowing power.

The only possible option would be the for house to be sold and your ex to downsize i.e 3 to 2 bed house.

From experience it is a long drawn out process and expensive and the only people to win in the end are the solicitors.