Removal from a joint mortgage

[Matt6009]

Hi. I have been divorced from my ex since 2021.
My name is still on her mortgage. I need to get it removed as my current mortgage lender will not allow me to get another fixed rate, saying I can't afford 2 mortgages.
I was on a BTL mortgage at my current address but am now living in the property.
I don't pay anything towards her mortgage but as my name is on it they are classing it as 2.
Can I get some advice and help to remove my name from hers so I can carry on with mine?
Also I have a share in her property. So I may need to force the sale.
She has it up for sale now but has just told me she isn't selling anymore. I could really do with some help.
Thanks
Matt Akerman

[atticus]

You are "on the mortgage" as you are a joint owner of the property, and no doubt joint borrower from the mortgage lender.

i assume you are not able to repay that mortgage.

If you cannot get your ex to buy you out, and she will not sell, then you may need to investigate court action under the Trusts of Land and Appointment of Trustees Act 1996 to ask the court to order a sale. That outcome is not certain: look at section 15 - https://www.legislation.gov.uk/ukpga/1996/47/section/15

[Matt6009]

Hi. Yes unfortunately the mortgage can't be paid off in full.
she is paying the monthly costs on that property and I'm doing the same on my property completely separately.
but as mine was a BTL, I had to live at my parents for 4 years until the tenants moved out. Now I've moved in, my fixed rate has ended and am now on standard variable.
I need to remove my name from the joint mortgage but her Lender says she can't afford to go it alone or with her new partner. Which means I'm stuck and can't get off.
we also have a document stating that once it sells the monies pay off the mortgage and fees, anything thats left she gets the first 50k and then we split whats left 50/50.
Ideally id like to sell it and just be done with it all. But she also has my daughter living there who is 9.
iv suggested her parents take over my name as guarantors. But im sure she can get something for at least 50k.

Thanks for your reply.