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Split from Ex - Transfer of equity

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  • Split from Ex - Transfer of equity

    Hi everyone,

    I'm after a little bit of help with regards my house.

    The original mortgage was with future mortgages, has been in place for 7 years, was a 100% mortgage for £149,000, currently owe £153,450 due to fees etc. Was taken out on an interest only basis for 25 years. The equity in the house is split between me and my ex partner 60% - 40%

    I split with the ex around 3 years ago. It was an amicable split and she moved back to her parents and is now renting somewhere. When we split the house was in negative equity, we were also in quite a bit of debt with arrears on the mortgage, arrears on council tax, electric bills and gas bills and also other credit cards and loans.

    We agreed that I would keep the house and cover all the payments to remove the debt and that she would not pay anything. We agreed that when possible we would look to take her name off the mortgage and transfer it to my name.

    Since then I have met a new partner, we have together managed to clear all of the arrears and debts. I entered a debt management plan 2 1/2 years ago to try and get straight and so far it's all working. Until it came to transfer the equity.

    The mortgage company tole me that I needed to clear all arrears and maintain payments for a further 3 months. I cleared the arrears in May last year. In November last year my ex found out that my new partner and I were expecting a child and all of a sudden getting her name off the mortgage became a top priority. We attempted to carry out a transfer of equity and the mortgage company declined it saying that we had to switch to a repayment mortgage and we then couldn't afford the repayments.

    The ex then said that she was going to look at forcing the sale of the house. After talking with her she agreed to allow us to look at the mortage again and request a transfer of equity as the mortgage company agreed that we didn't need to switch to a repayment mortgage, but that due to new rules we must put in place a repayment plan. When i asked what they would class as suitable plan they couldn't tell me.

    As you can probably guess they have declined the most recent transfer of equity request. They have given 2 reasons. The fact that I am on a debt management plan, and affordability. They have said that company policy is not to carry out a transfer of equity when a party is on a debt management plan as it shows they are having financial difficulties. They then said that we couldn't afford the mortgage, despite the fact that we are currently paying the mortgage each month and putting away £400 each month into a savings plan. And having over £300 surplus each month after all food and other bills. This is the case while my partner is on maternity leave. They are aware that she is on maternity leave and that she will be returning to work and have details of her actual salary but they have said they are not able to factor this into account.

    I'm after 2 bits of advice really. Is there anything I can do with regards the mortgage company and the transfer of equity. I'm not sure how they can say we can't afford it when we have been paying it for the last 3 years. And are they allowed to insist that we put a repayment plan in place. It was always intended that we would sell the property in the next 5-10 years.

    Finally is my partner able to force the sale of the house with us having a 3 month old baby and her only having a 40% equity in the house.

    I'm not trying to keep her tied in to anything, the best solution for us all is that the mortgage company transfer the names. I've got a terrible credit rating still and am probably about 12-18 months away from being able to source a new mortgage.

    Sorry for such a long post and thanks in advance for any help.
    James
    Tags: None

  • #2
    Re: Split from Ex - Transfer of equity

    Who is the current mortgage provider? Some are more helpful than others.

    Future Mortgages had a habit of selling on their loans after only a couple of months. They were 51% owned by Kensington Mortgages, so are they (KMC) your lender at the moment?

    I'm not sure why your ex thinks she can force the sale of the house. Only a court can do that following repossession. If the monthly mortgage payments are up to date then you shouldn't be at risk of that by the lender even though your ex is not making a contribution.

    Congratulations on the new baby

    Di

    Comment


    • #3
      Re: Split from Ex - Transfer of equity

      Hi Di,

      Thanks for the reply. The current mortgage is with Engage Credit. Unfortunately they have been less than helpful as they are the ones who keep declining the transfer of equity and not really offering any help as to what we would need to do for it to be successful.

      She is on about taking me to court to get them to force the sale of the house.

      The lender is happy for things to carry on exactly as they are and are fully aware my ex partner is not contributing. It's just her saying she will go to court to get them to force us to sell. Obviously after clearing all the debt and spending quite a lot in the last few years renovating the house and improving things this thought stings a little.

      Comment


      • #4
        Re: Split from Ex - Transfer of equity

        If it's a joint mortgage then I presume your ex's name is on the deeds of the property as joint owner?

        Di

        Comment


        • #5
          Re: Split from Ex - Transfer of equity

          Yes her name is on the deeds. If i remember correctly we did it as tenants in common.

          Comment


          • #6
            Re: Split from Ex - Transfer of equity

            Originally posted by jimbo1283 View Post
            Yes her name is on the deeds. If i remember correctly we did it as tenants in common.
            If you set this up as Tenants in Common did you have equal shares (maybe 50/50)?

            Did you also draw up a legal arrangement (declaration of trust) which establishes when and how the property can be sold and how much notice needs to be given if one of you decides to end the arrangement, whether one or more of you has the right of first refusal to buy the share of the owner who wants to leave, and how the net sale proceeds should be divided up? And so on.

            You also need to establish whether she (your ex) can be forced to pay her share of the mortgage payments which she's not been paying. She may not have thought this through before she issued her threat.

            Di

            Comment


            • #7
              Re: Split from Ex - Transfer of equity

              It was a 60 / 40 split. Myself having the 60%. I'm not sure what was drawn up in regards the declaration of trust. I'll need to try and dig out the documents from when we bought the house.

              Where would I find out if she can be made to pay the share of the mortgage payments?

              Thanks so much for the help with this.

              Comment


              • #8
                Re: Split from Ex - Transfer of equity

                Originally posted by jimbo1283 View Post
                It was a 60 / 40 split. Myself having the 60%.
                What was the reason behind the 60/40 split?

                You say the mortgage was a 100% LTV so presumably no deposit was paid by either of you. Did you make a bigger financial contribution in some other way?

                Di

                Comment


                • #9
                  Re: Split from Ex - Transfer of equity

                  The split was mainly due to the fact that i was paying more towards the mortgage and bills than she was. I then unfortunately lost my job and things went down hill from there.

                  Comment


                  • #10
                    Re: Split from Ex - Transfer of equity

                    Originally posted by jimbo1283 View Post
                    I'll need to try and dig out the documents from when we bought the house.
                    Okay.

                    You need to dig out the paperwork because the answer to your question (can my ex force a sale of the house?) may lie in those documents.

                    Consider whether the arrival of your new baby may have stirred up some emotional issues with your ex which may calm down in due course.

                    That's my personal observation not a professional legal view (I've been an "ex" ).

                    Di

                    Comment


                    • #11
                      Re: Split from Ex - Transfer of equity

                      I think the sudden urgency of this is certainly down to emotional issues, not so sure it will calm down any time soon though.

                      with regards the documents, what should I be looking for, is there anything in particular that will say anything?

                      Comment


                      • #12
                        Re: Split from Ex - Transfer of equity

                        I can't find any details of a declaration of trust. The only document that mentions the split is the TR1 form that says in section 11. Declaration of trust. The transferees are to hold the property as tenants in common in unequal shares : 60% me, 40% my ex.

                        Comment

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