Comments on: Can I force ex to sell house?

By: Michael B

Michael B — Fri, 19 Mar 2010 23:04:40 +0000

If you are on the mortgage then you can go to court and force the sale of the house. If you do not want to get any of the equity that has been paid in then you could just force him to refinance the mortgage to get your name off. .

By: englishbrit

englishbrit — Fri, 19 Mar 2010 23:04:40 +0000

IF both of your names are on the mortgage then you can give him two options.

1 He can buy you out.
2 you can force him to sell.
You need to get some legal advice and the sooner the better.

By: GINO

GINO — Fri, 19 Mar 2010 23:04:40 +0000

You should see a lawyer first.Good luck!

By: WelshLad

WelshLad — Fri, 19 Mar 2010 23:04:40 +0000

You need legal advice.

By: christopher

christopher — Fri, 19 Mar 2010 23:04:40 +0000

Contact the lender and ask them for details on how to carry out a transfer of equity, which is the term used when one borrower wishes to come off a mortgage and for the loan to be taken over by someone else (this could be his new gf if he has one or just himself).

They will provide you with the forms and recommend that you use a conveyancing solicitor to carry out the process.
Your ex will need to sign the paperwork to confirm he is willing to take on the debt by himself but no doubt it will be less hassle for him to do this then the alternatives such as court appearances etc.

The lender is not obliged to transfer the property out of your name since the original mortgage contract was based on both incomes, nevertheless, in practice as long as he can prove affordability then they should agree to it.