Follow this topic Q&A » Mortgages

How to remove ex from mortgage and deeds

by Lightning 12 September 2012 |

3 comments | Love

Love 0 loves

Hi there,

Please bear with me this is a bit complicated.

Bought house with ex 14 years ago, she left 10 years ago. I paid her off from the house by getting extra borrowing on the mortgage. We told the mortgage company the money was for home improvements.

She is still on the mortgage and deeds and has recently instructed a solicitor claiming her share of the equity stating she has never been paid anything and we took the extra money out jointly for home improvements. I offered her £5k, she refused and is now going for an order of sale. I have ignored all letters from her new solicitor.

Can she lie like this and claim money from the house? There is currently £160k equity, she says she doesn't want half but around £40k.

Any thoughts? By ignoring the letters I'm hoping she will get bored and just sign it over.

Report

Enjoyed this? Show it some love

Retweet

Comments (3)

Facebook

Twitter

General

Comments (3)

878

MikeGG1 posted
The first thing is for you to get a solicitor involved. It is not a good idea to ignore a solicitor. The order for sale is probably because you have ignored them.

She is entitled to half the equity. But she does owe you for half the mortgage payments.

Try to get proof of your payment to her. Your bank may still have the cheque, but they will probably charge you for a copy if they have it. Failing that, do you have the statement with it on?

Work out what she might theoretically be entitled to and make a reasonable offer, taking account of what payments have been made and how much her costs might be.

I have assumed that you were not married and that there was not a Deed of Trust when you bought.

Mike
Posted on 12 September 2012 | Love 2 loves Report
0

Lightning posted
Thank you for your answer, no we were never married.

The extra borrowing was paid direct to her account because she paid the mortgage at the time. She has bank statements she has given to her solicitor showing what "we" supposedly spent the money on. Since she left I have had lodgers, she is asking for half the income of that and rent for me occupying her half of the house, can you believe it!

Would a judge see her as being reasonable as she is not asking for half the equity?

Will look in to getting my own solicitor, is there no way I can ignore the order for sale? She has also severed the joint tenancy.

Thanks again for your help.

Posted on 13 September 2012 | Love 0 loves Report
878

MikeGG1 posted
You cannot ignore it or it will get worse. Be advised by a solicitor.

Mike
Posted on 13 September 2012 | Love 2 loves Report

Post an answer

Something you're dying to ask... or answer?

Get started now

Sign in for a better Q&A

Registered already? Great! You can just sign in to ask and answer questions.

W3C Thank you for using CGWEBLIV2