I separated from my ex six years ago, although due to him dragging his feet, the Decree Absolute was only issued about two years ago. When we separated, I agreed to move out and leave him in the marital home as I had just graduated from university and didn''t have a full time job (I know, not the best decision I''ve ever made!) We have three children together, and one from my previous relationship who has been brought up as his. They were 18, 12, 9 and 8 at the time of the separation.
We attended mediation at the time and agreed that the kids would live 50/50 with each of us. As for the mortgage, it was agreed that he would sell it when our youngest left full time education (in 4 years time) and that we would split the equity in the house at the time of our split (not a huge amount - I would receive just under £40K).
However, although we had the documents drawn up by the mediator, for one reason or another, we didn''t actually have them witnessed by a professional. Now, six years down the line, I am hoping to apply for a mortgage in a year or two, but will really need to remove my name from the joint mortgage for this to be feasible. I also don''t like that I am still financially associated with him, as I don''t know what effect this will have on my credit rating.
So, my question is... is there an easy (cheap) way to legalise our agreement and therefore get my name removed whilst still protecting my share in the property? Also, will the mortgage company require him to prove that he can afford the mortgage on his own before my name can be removed? (he has been paying it regularly but I know that, as he is self employed, his income on paper is much lower than his actual income, so this might cause problems).
Any advice gratefully received. Thanks for reading.
When I left my ex last year due to DV we looked at doing this but he was unable to take on the mortgage alone so I am still stuck on it (joint) he has now not paid the mortgage for months (we owe £5k) I cannot pay as have had to rent privately for me and the 2 girls.
He is keen on a voluntary surrender of the property but I''m not so keen.
House has been on the market since Jan 2012 and there is nothing I can do. The amount we owe is adding up but I''m stuck on a mortgage I have nothing to do with, he changed the locks in Jan 2012 and I''ve not been near the place since. It''s all so wrong