Hi again! Just another question people might be able to help with! My partner and I split up just before my IVA, although we remain joint mortgage holders on the property I live in (partner moved back to his parents place). We did look at selling, but with the house prices falling, the property we bought for £195,000 is now worth approx £135,000 (which is the current outstanding mortgage debt). The split has been very amicable, and I pay all the bills and mortgage currently on the property. However, my ex now says that he will be very unwilling to try to remortgage the property at the 4 year stage and I wonder where that leaves me (if house prices do indeed go up at all!)
Just wanted to say this forum is a godsend and I have lots of my questions answered through looking through other topics...
Your partner would have to agree to remortgage but you could offer an extra year to exclude the property. However, creditors may question why he would have any entitlement to equity given that you are paying all the mortgage. It may be that he paid the deposit on the property but he should take independant legal advice to protect his position.
Given that your partner is not party to the contract you have with your creditors, he does not have to agree to the remortgage during the final year. I would suggest that you cross that bridge when you come to it, as you may well have sold the property by that time and then it all becomes academic.
Don't forget you will need to get your IP's express permisson to sell.
