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Can one half of joint mortgage default without consequences?

Last post Wed, Jul 23 2008, 2:06 PM by universal. 1 replies.
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  •  Wed, Jul 23 2008, 10:49 AM

    Can one half of joint mortgage default without consequences?

    The ex-partner of my parent has not paid into their joint mortgage for 18months+ (and no longer lives their either), is there any time when he will default on his rights to the property? Can he make a claim indefinitely as long as someone pays the mortgage? Can he be removed from the deeds for not paying?

    Any advice is much appreciated

    Thanx

    • Post Points: 20
  •  Wed, Jul 23 2008, 2:06 PM

    Re: Can one half of joint mortgage default without consequences?

    To remove the ex-partner from the mortgage your parent will need to carry out a 'transfer of equity'. That said, the ex-partner will have to agree to this as they will have to sign the legal documents too. So they may ask to be 'bought out'. It should also be considered that the lender may then assess your parent's ability to pay for the mortgage on their own, as when they applied for the mortgage there would have been two incomes used for assessment.

    I would recommend that your parent seeks legal advice.

    • Post Points: 5