Hi does anyone know if a mortgage company can refuse to take someone's name off the mortgage. Or if they do would there be any problems stemming from this? Basically my husband and I are separated, we own the house as tenants in common in unequal shares 99% to me 1% to him. He would like his name taken off the mortgage but I am unsure whether they will allow it since it was his wages that allowed us to get the mortgage. I worked part-time and am a worse credit risk than he is. I have just lost my job also. However for the last 1 3/4 years it has been me paying the mortgage each month. Would the mortgage company allow his name to be taken off the mortgage or would they insist on me proving I could pay the mortgage and could they demand I sell? I would very much like his name removed from the mortgage and land registry. We also have two children aged 5 and 6 which live with me. I did pay him money already for any share in the home but we have no written agreement however, he would not try to claim any money he just wants his name removed.

Hi Nicola! Welcome to our forum. Your issue is quite complicated. Unfortunately, lender can refuse to remove his name from the mortgage if they feel that removing him will increase the risk. The fact that you are not working is not going to help either, however if he is paying you a maintenance for you and your children, bank may take that into account, if maintenance was arranged through court or solicitor, basically officially. Otherwise it will not be easy as they need to be sure that you will be able to afford this mortgage. Did you speak to your lender about it? Bank can't force you to sell, but in theory, they can recall the loan. Despite the fact that you already paid him and you don’t believe that he will be demanding any money, it may be wise to consult solicitor or Citizens Advice Bureau regarding legal issues.

The problem here is to convince your lender that you are able to keep the payments up w/t your ex-husband in the picture. The simplest solution would have been to remortgage the property in your sole name, but this could prove difficult if you lost your job too. Has your lender given you their reasons in writing?

Agree that its a tricky one. Can you afford your mortgage payments w/t a job coz of your maintenance payments, other income perhaps? If so, lender could be convinced or changed.