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How can I remove my ex from the mortgage and what rights does he have?

My ex partner and I split up in 2008 and he moved out and stopped making mortgage payments (which was fair enough as he had to pay rent on a new place). I have continued to make all of the mortgage payments (in full and on time) as well as the two unsecured loans, which we took out on the mortgage. I still live in the house with my husband and baby. The house is in negative equity by at least £10k but my ex refuses to sign anything to remove himself from the mortgage without me giving him at least £5k. I dont see why he is entitled to this as we. He says why should he walk away with nothing but he put no time or money in the house when he was there! (which was 1.5 years). We have spent a lot on doing it up over the past couple of years so I dont see why he should be entitled to anything, especially as I was also lumped with the loan payments and overdraft! Where do I stand with this and what rights does he have? Although it will take years, Im wondering if its easier to save up and just pay him something with a solicitor agreemant that he will sign it over, if thats possible? Im not sure who has what legal rights with this situation and cant afford expensive solicitors fees :-/ Would really appreciate any advice! Thanks in advance


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Consult a solicitor! You could go to court to force a sale and you and new hubby could buy it for a current market value, or even for the amount needed to clear the mortgage. Your ex would then get nothing. He might even back down before it went to court as that would cost him money if wanted to be represented. If you only bought it for the current market value then he would be liable for half the shortfall. That might be the incentive that he needs for you to get his agreement to taking his name off. It would probably have to be spelled out to him by your solicitor. You would then be able to get a mortgage of, say 90% of the valuation, which would mean that you and hubby would have to find the balance as a deposit. A change of names on the mortgage necessitates a new mortgage application. Mike