Splitting up and getting your name off the mortgage?

A reader from Birmingham is desperate to get her name off the mortgage she had with her ex-partner. But she is unsure about the best first step.

Tony Davis, myfinances.co.uk mortgage expert from Mortgage Meadow, takes her through the problem.

Ann from Birmingham asks:

My name is still on my ex's mortgage who I split up with over a year ago. The only reason my name is on there is due to the bank not allowing just his name on that size mortgage.

I do not pay anything towards this mortgage and now have my own flat. The bank will not transfer the mortgage just to his name now.

HOW DO I GET MY NAME OFF THE MORTGAGE? What can I do? He also has now lost his job and can't pay the repayments. Am I liable now? HELP!!!


Tony replies:

Mortgages are granted on what is referred to as a “joint and several” basis, which means that whilst you are subject to the mortgage contract you have an equal and total responsibility to make sure that the terms of the contact are met – including the full amount of the monthly mortgage payment.

As you are separated, the best advice I can give is to speak with your solicitors handling the separation, it is possible that as part of the separation agreement the house is sold and this can be enforced by a court order should your husband fail to comply.

In the meantime, you need to speak with your mortgage company and explain the situation.

If you have a question for Tony, go to the myfinances.co.uk Ask the Mortgage Expert section.

Or for more information or mortgage advice go to Mortgage Meadow.

Mortgage Meadow is an independent mortgage broker and is authorised and regulated by the Financial Services Authority.