Joint Mortgage - How Can I Remove Myself?

[RJH]

Hopefully I can get some advice here, I have had some excellent advice over the years on various issues, so fingers crossed.....

I am named on a mortgage with an ex-partner.

Ex-partner has one child with me, has married and lives in the property with her now husband and three other children.

Mortgage providers are in possession of a repossession order on the property, that they have had for a couple of years at least.

Mortgage, although in both our names, only paid for by her, sometimes missed (regularly) and never paid on time - I receive all the letters telling me so.

I've sent letters to my ex regarding the potential sale of the house, however my daughter has informed me that her mother will not communicate with me at all, and ignores me on purpose.

What options do I have about getting my name off the mortgage, taking into account the above, the fact it will be in arrears, the fact the mortgage provider has a repossession order they 'could' use, and the fact that I was declared bankrupt in 2013, but have paid off any charges that related to me personally regarding the house?

It is literally the last thing from the relationship we had over 10 years ago that ties me to her, and she refuses to communicate with me about the property.

Any help or advice would be amazing, and I'm happy to answer any further questions if it may help someone provide advice.

Thanks in Advance.

[atticus]

Why are you "on the mortgage"? Almost certainly because you are a joint owner of the property and as such jointly borrowed money secured on the property.

To get "off the mortgage" the property will have to be sold, or perhaps refinanced by your former partner as part of a process of transferring the property into her name.

In theory, you may be able to bring court action for an order requiring the property to be sold. This would be under the Trusts of land and Appointment of Trustees Act 1996. However, as you have let your former partner live there for 10 years or more without taking such action it is far from certain that a court would make that order.


EDIT. Oh look, we've already been here: https://legalbeagles.info/forums/for...advice-welcome

[RJH]

atticus yes, sorry I did try to locate that thread.

You are correct with your statements regarding myself and how I am also on the mortgage.

In terms of Halifax, I’ve written to them numerous times and they rang me back once, asked when was best to call back to speak to me, and I haven’t heard a thing. I need to speak to them again, as they haven’t resolved my complaint about it all.

The last time they spoke to me, they told me that to re-finance, or to look at ways of me removing myself off the mortgage, my ex-partner would have to instigate that, and if that’s the case there is the issue, as they will not communicate with me and try to avoid contact with me at all costs.

I have copies of the letters I’ve sent to her regarding this issue, with proof of delivery, but not sure what good they would do, other than prove that I’ve tried to be amicable about the situation? It’s almost like she’s obstructing the process from even beginning.

I’m at a loss after that, because nobody seems to want to do anything to assist.