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mortgage after separation

  • justiceforall084@gmail.co
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06 Jul 12 #341510 by justiceforall084@gmail.co
Topic started by justiceforall084@gmail.co
I separated from my partner after 7 years together, cohabiting (joint mortgage).

The house cost 182k in 2007, but is now only worth 140k (approx). We are still in negative equity, despite the mortgage payments. We are approximately 16k in negative equity to date.

She moved out 7 months ago and headed to Australia. I want to keep the house and have continued to make the mortgage payments to date. She left no contact details. She sometimes calls me with a hided number and I have no trace of her, all I know is she is in Australia. My questions are: (1) is it possible to remove her name on mortgage without her signature (2) if it is not possible to remove her name, can I sell the house without her signature. I don’t want to walk away from the house as this will affect me for many years to come or I will die without a house.
I want to keep the house or to break clean from the mortgage so that I will be able to get a mortgage of my own.

  • Fiona
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06 Jul 12 #341516 by Fiona
Reply from Fiona
This isn''t something easily tackled without a solicitor. As you weren''t married you (or a solicitor on your behalf) would need to apply to court under property law (Trusts of Land and Appointment of Trustees Act 1996) to sell or take over your ex-partner''s interest in the property. To serve the papers you would need to try to trace your ex-partner, possibly using an enquiry agent (PI).

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