Getting name removed from a mortgage

Nnc1

I remortgaged with an ex over 10 years ago. Mortgage now in arrears and negativity equity. My name is not on the deeds to the property.
This is obviously destroying my credit rating as I want to move on and get my own home, as I'm in a position to do this.
Is there any way I can Forse a sale of the property or how can I get my name off the mortgage
Not looking for judgements just advise, on my last nerve. Hoping someone can offer help.

Irishphotodesk

Caveat: I have no knowledge or experience in this type of debt or law, just my opinion below.

Is your name on the mortgage/remortgage loan ?

Were you and ex co-habiting for a period of time ? You may be caught out in respect of this element - if you were co-habiting for (I think) 5yrs you may be liable for the mortgage debt, or 3yrs if you have children together as you would have an entitlement to the property otherwise.

If your name isn’t on the mortgage/remortgage loan then it shouldn’t have any effect on you.

If you are in a position to go for another mortgage, you may find the original bank may seek the full repayment unless some agreement is made with the other party (your ex) .... how long has that remortgage been in default - has the bank made any moves to bring either you or ex to court ? Have you made any contact with the bank yourself in relation to the mortgage debt?

daheff

If your name is on the mortgage then unless both bank and ex agree to it, you won't be able to remove your name (at least not without a legal fight).

Sorry.

Darc19

Even if it was rectified tomorrow, you'd be waiting a couple of years to get your name partly cleared.

I think a solicitor is best option here, though you could ask on askaboutmoney.com (Irish financial site)

Nnc1

Irishphotodesk wrote: »

Caveat: I have no knowledge or experience in this type of debt or law, just my opinion below.

Is your name on the mortgage/remortgage loan ?

Were you and ex co-habiting for a period of time ? You may be caught out in respect of this element - if you were co-habiting for (I think) 5yrs you may be liable for the mortgage debt, or 3yrs if you have children together as you would have an entitlement to the property otherwise.

If your name isn’t on the mortgage/remortgage loan then it shouldn’t have any effect on you.

If you are in a position to go for another mortgage, you may find the original bank may seek the full repayment unless some agreement is made with the other party (your ex) .... how long has that remortgage been in default - has the bank made any moves to bring either you or ex to court ? Have you made any contact with the bank yourself in relation to the mortgage debt?

Appreciate the reply. I didn't think there was a difference betwn mortgage and remortgage? He bought the property several years before we met, and we remortgaged and put my name on it then.
The arrears gave been slowly building up over the last 2 years or so about 6k now, so small fry to the banks really. I've just contacted the bank to say I'm not paying it.
U lived there with him for about 3-5years, he now lives there.

Nnc1

daheff wrote: »

If your name is on the mortgage then unless both bank and ex agree to it, you won't be able to remove your name (at least not without a legal fight).

Sorry.

Yes I know this unfortunately. What type of a legal fight just looking at all options.

Nnc1

Darc19 wrote: »

Even if it was rectified tomorrow, you'd be waiting a couple of years to get your name partly cleared.

I think a solicitor is best option here, though you could ask on askaboutmoney.com (Irish financial site)

I don't mind waiting if my name is cleared. Ive been to solicitors who are scratching their heads, not sure what to do with me!
I'll try over there, thanks so much.

daheff

Nnc1 wrote: »

Yes I know this unfortunately. What type of a legal fight just looking at all options.

well you could have the Ex and the bank object to taking you off the mortgage.

as its in arrears it sounds like the ex can't pay. You are on the hook for that. Doubt they'd let you off it easily.

Bank won't want to let you off the hook as you are the next one they'll go after for payment, so why would they let you get out of the mortgage?

I'd be talking to the solicitor involved in the remortgage and how they let you onto the mortgage without a claim to the property. What benefit have you received for having this debt attached to you?

Jim_Hodge

If you have a legal separation or divorce then this should have been dealt with at the time.

Nnc1

Jim_Hodge wrote: »

If you have a legal separation or divorce then this should have been dealt with at the time.

Have neither, we were not married.

cruizer101

It is possible to get a court order to force a sale of a property.
I don't know the details of it and it may be very hard to get but is possible.
Its probably more complicated because you are just on the mortgage and not the property, I'd agree with daheff in going back to your solicitor on the mortgage.
You might be better posting in Accommodation and Property or legal discussion or banking forum.