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Getting off a mortgage on a home where my ex and her partner now live

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  • Getting off a mortgage on a home where my ex and her partner now live

    Hi,

    I wonder if someone can help advise me on my current situation?

    I will try to keep it as brief and factually to the point as possible.

    In 2012 a relationship I was in ended. Me and my ex partner had 2 children together and a mortgage on a home we all shared and had lived in since 2006.

    Initially my ex partmer left the property and moved away leaving me with the children and moved in with another man. Approximatley 8 months later she demanded that i move out of the property so she and her new partner could move in there with the kids. This was in 2013.

    I reluctantly agreed due to the sheer stress the situation was causing and moved out and found my own rental arrangement and we shared the care of the children from that point.

    My ex went on to have a child with her new partner before they eventually seperated and she met a new partner who she has since married and also had another child with, they have been together approx 3 years and are living in the hosue in question.

    So now up until May 2020 the situation is that my ex still lives in the house, with her husband and 4 chilldren, 2 of which are my daughters. I am still on the mortgage but no longer make any contributions to it and havent since she moved in and I left. I live in a rented house with my partner of 5 years.

    A number of times over the years I have broached the subject of me coming off the mortgage and being replaced by her husband who runs his own business as they have made a family home there now for a number of years and I have no interest in the property anymore. She has always made excuses as to why that cannot happen.

    Despite this they have between them spent a fairly substantial amount of time and money renovating the property to suit their needs and tastes. it is in all but law, 'their home'.

    It is also worth noting that the mortgage on the home is an interest only mortgage and she only pays the minimum payments so no capital is getting paid off the balance, only the interest. the house still owes the full balance of the mortgage. Naturally this is a concern for me.

    In May this year the children (my 2 daughters) moved out of the house and in with me, now aged 12 and 15 due to ongoing issues with her husband and them which has culminated in him being violent towards one of them and social services becoming involved. My kids do not want to ever live there again.

    Im now at a point where I would like the opportunity to buy again with my partner, and, as my children no longer live at the old house and my ex is living in it with her husband and her kids i feel now is the time to get off this mortgage and end this financial association with her. Especioally as she has an eratic credit history and this is no longer in any way a home for me or our children.

    I wonder how am i best going about this? Do i need to force a sale or can a solicitor draft up something which will help me appeal to the mortgage company and my ex to get me removed from the mortgage in a way that won't upset their situation?

    I feel like they probably intend to milk the interest only payments situation for as long as possible as the payments are very low, but I am obviously concerned that i am still liable for this home legally despite it being their home.

    I hope someone can help advise me on the best course of action

    Many Thanks
    Tags: None

  • #2
    First step is to approach your current mortgage provider and ask to be removed from the mortgage via a transfer of equity. Also start a clear dialogue with your ex about this process, if things are not amicable, keep this in writing. Hopefully the value of the property will have risen since purchase and your ex will realise that this would be a smart move for her and her family who remain resident with her.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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