Joint Mortgage after relationship break up .. how do I remove my ex

[BobbyB]

Hi

I have a joint mortgage with an Ex partner (not married), we purchased the property in 2006 together, he didn't contribute financially to the purchase and I paid the 15% deposit of roughly £25,000. We lived together for 4 years in the property and paid all bills and the mortgage together and equally for that time, we then split and he moved away.

His name is still currently on the mortgage and I have been advised that this needs to be as as far as the mortgage company are concerned I am unable to fund this myself, even though a payment has never been missed since him leaving the house. My main concern is that if I die he can make a claim on the property, I have two adult children who I would obviously want to leave all my assets to.

I am also continuing to pay life insurance for him as part of the mortgage agreement.

I have had to contact with him for the past 6 years and have no idea where he is or what he is doing. I do get the occasional debt collectors letter though as he has debts from credit cards that he took out when he lived here, this is also a worry as I would hate the debt to be linked to the mortgage.

Anyone have any ideas of how to get him removed from the deeds or to stop him or any of his family making a claim on the property should either of us die. (I assume as it stands if he should die they would be entitled to claim half of the property)

I am not in a financial position currently to pay for legal advice, and am getting extremely stressed about it.

Many Thanks

BB

[Ripped-Off]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

I don't profess to be any kind of expert in this field so the best I can offer you is to read the case of Stack v Dowden [2007] House of Lords (or the Supreme Court as it is now known) which is available at

http://www.publications.parliament.u...25/stack-1.htm.

The case is about a property in the joint names of a cohabiting couple who had no explicit declaration of their respective beneficial interests. Rather than read the entire case you could just Google it and read the legal comments by the experts.

Also have a look at this past LB thread

http://legalbeagles.info/forums/show...ff-of-mortgage

[BobbyB]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

I don't profess to be any kind of expert in this field so the best I can offer you is to read the case of Stack v Dowden [2007] House of Lords (or the Supreme Court as it is now known) which is available at

http://www.publications.parliament.u...25/stack-1.htm.

The case is about a property in the joint names of a cohabiting couple who had no explicit declaration of their respective beneficial interests. Rather than read the entire case you could just Google it and read the legal comments by the experts.

Also have a look at this past LB thread

http://legalbeagles.info/forums/show...ff-of-mortgage

Thank you I will have a read .. much appreciated.

[Openlaw15]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

Hi

I have a joint mortgage with an Ex partner (not married), we purchased the property in 2006 together, he didn't contribute financially to the purchase and I paid the 15% deposit of roughly £25,000. We lived together for 4 years in the property and paid all bills and the mortgage together and equally for that time, we then split and he moved away.

His name is still currently on the mortgage and I have been advised that this needs to be as as far as the mortgage company are concerned I am unable to fund this myself, even though a payment has never been missed since him leaving the house. My main concern is that if I die he can make a claim on the property, I have two adult children who I would obviously want to leave all my assets to.

I am also continuing to pay life insurance for him as part of the mortgage agreement.

I have had to contact with him for the past 6 years and have no idea where he is or what he is doing. I do get the occasional debt collectors letter though as he has debts from credit cards that he took out when he lived here, this is also a worry as I would hate the debt to be linked to the mortgage.

Anyone have any ideas of how to get him removed from the deeds or to stop him or any of his family making a claim on the property should either of us die. (I assume as it stands if he should die they would be entitled to claim half of the property)

I am not in a financial position currently to pay for legal advice, and am getting extremely stressed about it.

Many Thanks

BB

Hello Bobby. If you sever the joint tenancy, by sending it recorded delivery to his address. I (insert name) with to sever by beneficial joint tenancy and it have effect from the point of delivery. Yourself and I now have tenancies in common.' Something to this effect anyway should be enough to sever the JT. You will then have a tenancy in common which means the survivor rules do not apply. It means in any Will you can pass the property to whomever.

[BobbyB]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

Hi Thank you so much for this advice, Only one problem with this is I have absolutely no idea where he is living now, we have had absolutely no contact for the past 6 years. It is good to know that it is as simple as that though, I am assuming that signed for postage is also essential to prove it was received. .. I then need to get my will in order!!

Is there any laws regarding the fact I have had no contact and don't know his where abouts?

Thanks again
BB

[Openlaw15]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

Hi Thank you so much for this advice, Only one problem with this is I have absolutely no idea where he is living now, we have had absolutely no contact for the past 6 years. It is good to know that it is as simple as that though, I am assuming that signed for postage is also essential to prove it was received. .. I then need to get my will in order!!

Is there any laws regarding the fact I have had no contact and don't know his where abouts?

Thanks again
BB

update

You can sever a joint tenancy at any point up to your death. No he does not have to sign for it as once it's delivered it's legally severed. You can send the severance to his land known address: section 196 (3), Law of Property Act 1925, if you do not know his current address. Ie where was his last known address? Send via recorded delivery. Keep a copy yourself.

He does not have to sign for it....anyone in the household could, just as long as he lives there. There is another way to sever and that is acting as though it were a severance. I'll get back to you.

[CLL1]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

He does not have to sign for it....anyone in the household could, just as long as he lives there. There is another way to sever and that is acting as though it were a severance. I'll get back to you.

The answer, sadly, is that without contact, it's very difficult to!

[Openlaw15]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

Hi Thank you so much for this advice, Only one problem with this is I have absolutely no idea where he is living now, we have had absolutely no contact for the past 6 years. It is good to know that it is as simple as that though, I am assuming that signed for postage is also essential to prove it was received. .. I then need to get my will in order!!

Is there any laws regarding the fact I have had no contact and don't know his where abouts?

Thanks again
BB

You can sever a joint tenancy at any point up to your death. No he does not have to sign for it as once it's delivered it's legally severed. You can send the severance to his last known address: section 196 (3), Law of Property Act 1925, if you do not know his current address. Ie where was his last known address? Send via recorded delivery. Keep a copy yourself.

[BobbyB]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

You can sever a joint tenancy at any point up to your death. No he does not have to sign for it as once it's delivered it's legally severed. You can send the severance to his last known address: section 196 (3), Law of Property Act 1925, if you do not know his current address. Ie where was his last known address? Send via recorded delivery. Keep a copy yourself.

You really don't know how much this reply means to me, I will get a letter drawn up and posted asap. Is there any specific wording that I need to use or laws that I need to quote.

Thank you again for all of your help.

[Openlaw15]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

You really don't know how much this reply means to me, I will get a letter drawn up and posted asap. Is there any specific wording that I need to use or laws that I need to quote.

Thank you again for all of your help.

Hello again, Bobby

" SEVERANCE OF BENEFICIAL JOINT TENANCY

"To the trustee, *insert their name* I herein sever my beneficial joint tenancy interest in the property, *insert address* to have effect from *insert date* in accordance with section 36, Law of Property Act 1925. The effect of severanceis that our interests in said property are therefore no longer beneficial joint tenancy but shall be in fact tenancies in common from *insert same date.* I furthermore do send this notice to your last known address pursuant to section 196 (3), Law of Property Act 1925. I also acknowledge at common law that severance is complete on delivery and not receipt by said trustee." I would write something like this?

NB: you could also provide a sentence that you are now free to leave your 50% interest in the property to whomever you choose by Will or gift. It's up to you.

Then sign and date the severance, and get a witness to do the same. Inform his next of kin where this severance has been sent. I would use big words 'severance of beneficial joint tenancy and underline the terms as i have done. This way there can be no mistake or twisting the words or your intent.

Hope this helps

[BobbyB]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

Hello again, Bobby

" SEVERANCE OF BENEFICIAL JOINT TENANCY

"To the trustee, *insert their name* I herein sever my beneficial joint tenancy interest in the property, *insert address* to have effect from *insert date* in accordance with section 36, Law of Property Act 1925. The effect of severanceis that our interests in said property are therefore no longer beneficial joint tenancy but shall be in fact tenancies in common from *insert same date.* I furthermore do send this notice to your last known address pursuant to section 196 (3), Law of Property Act 1925. I also acknowledge at common law that severance is complete on delivery and not receipt by said trustee." I would write something like this?

NB: you could also provide a sentence that you are now free to leave your 50% interest in the property to whomever you choose by Will or gift. It's up to you.

Then sign and date the severance, and get a witness to do the same. Inform his next of kin where this severance has been sent. I would use big words 'severance of beneficial joint tenancy and underline the terms as i have done. This way there can be no mistake or twisting the words or your intent.

Hope this helps

It helps loads, I so wish I had sorted this legally when he left. Does this mean he still has a 50% claim on the house though. He paid nothing towards the deposit of £24,000 and just half of all bills for 4 years, since then the property has gained approximately £50,000 in value and I have paid and maintained everything alone. Is it right that he can still come in and claim half of it's worth, or is there anyway that I can add additional wording to the above so that he has no claim whatsoever over the property now. I have 2 children and I am trying to protect their future assets. (I am also receiving debt recovery letters for him from credit cards taken out when he was at this address, when he left he took 'goods' to the value of these debts as he said that it was only fair he leave with something, ie. my car, new tv, playstation, furniture etc)

I am feeling like I am in a bit of a mess here! :tinysmile_hmm_t2:

Thanks again!!
x

[Amethyst]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

Hiya,

I would get yourself a half hour advice session with a solicitor on this, the effect of trying to sever the joint tenants in common and getting it wrong could have unintended consequences, or if he does get the letter it could cause a reaction from him which you need to be aware of. Often a solicitor will do half hour free or for a fixed cost and I think it would be worth it to be totally sure what action you can take. Have a ring about a couple - I believe any of the Quality Solicitors firms do a half hour telephone advice session for about £100 - just as an idea of potential cost.

They will need to know how much you and he put in to the property originally, who paid mortgage, are the children his? explain to them the mortgage company won't allow you to have him removed and why ( your income doesn't meet criteria without him presumably) but you are concerned about his debt and affect on your credit file, and also concerned that if he defaults on his debts his creditors could look to secure them on your property as long as he is owner. You want to ensure the property is secure.

It may be simple case of severing the tenancy as OpenLaw said but I do think you should get some formal advice on the matter before taking action.

Sharon
xxx

[Openlaw15]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

It helps loads, I so wish I had sorted this legally when he left. Does this mean he still has a 50% claim on the house though. He paid nothing towards the deposit of £24,000 and just half of all bills for 4 years, since then the property has gained approximately £50,000 in value and I have paid and maintained everything alone. Is it right that he can still come in and claim half of it's worth, or is there anyway that I can add additional wording to the above so that he has no claim whatsoever over the property now. I have 2 children and I am trying to protect their future assets. (I am also receiving debt recovery letters for him from credit cards taken out when he was at this address, when he left he took 'goods' to the value of these debts as he said that it was only fair he leave with something, ie. my car, new tv, playstation, furniture etc)

I am feeling like I am in a bit of a mess here! :tinysmile_hmm_t2:

Thanks again!!
x

No, there is only a presumption that on severance it's 50/ 50: Lade Hale in Stack (2007, House of Lords), I think. I would contact a lawyer about this. I think it only applies if you challenge in court or your lawyer argues this law to your ex partner. The challenge you propose is that the presumption of 50/ 50 on severance on a beneficial joint tenancy should be rebutted (challenged) based on the fact you paid more to the property over the years. He cannot claim half the property's worth if you can prove you paid more,: Lady Hale in Stack (2007). Deduct the debt recovery amount too. Start off by giving him 50% then deduct whatever you believe is right. Then whatever is left in your view will be his share, even if it's only about 30% after deductions. So, on these hypotheticals, ie you have 70% and he has 30%. The burden is on you though to prove it.

I agree with Amethyst as to the severance issue, as it's better to be safe than sorry, and you'll also need legal advice on the disproportionate share arguments of the joint tenancy. If you're going to the lawyer anyway, there's no harm in them drafting a severance of the JT, after-all they're legal experts. I am simply not, even though I think my drafting should be effective.

[Openlaw15]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

It helps loads, I so wish I had sorted this legally when he left. Does this mean he still has a 50% claim on the house though. He paid nothing towards the deposit of £24,000 and just half of all bills for 4 years, since then the property has gained approximately £50,000 in value and I have paid and maintained everything alone. Is it right that he can still come in and claim half of it's worth, or is there anyway that I can add additional wording to the above so that he has no claim whatsoever over the property now. I have 2 children and I am trying to protect their future assets. (I am also receiving debt recovery letters for him from credit cards taken out when he was at this address, when he left he took 'goods' to the value of these debts as he said that it was only fair he leave with something, ie. my car, new tv, playstation, furniture etc)

I am feeling like I am in a bit of a mess here! :tinysmile_hmm_t2:

Thanks again!!
x

The whomever with legal and physical custody of the children is also taken into consideration in favour of the custodial parent. So, notwithstanding what I stated above, on divorce all the assets are added equally initially on a 50/ 50 starting point basis. Then whatever deductions need to be made ie for raising children etc, dividing property interests, taking into consideration your payments to the property (once JT severed), is the sum that you'll both receive. So there is no way will he get 50% of everything!

[BobbyB]

Re: Joint Mortgage after relationship break up .. how do I remove my ex

The whomever with legal and physical custody of the children is also taken into consideration in favour of the custodial parent. So, notwithstanding what I stated above, on divorce all the assets are added equally initially on a 50/ 50 starting point basis. Then whatever deductions need to be made ie for raising children etc, dividing property interests, taking into consideration your payments to the property (once JT severed), is the sum that you'll both receive. So there is no way will he get 50% of everything!

Sorry I should have stated that both of the children are mine from a previous relationship so nothing to do with him, they are both adults now but still live with me. I feel that really he shouldn't be entitled to anything given the fact that he took physical assets when he left. We were never married.