Katie Tucker is Technical Manager at mortgageforce™ having worked as a building society mortgage underwriter, an mortgage advisor and as a product specialist for 7 years. Katie can normally be spotted giving mortgage market comment on the BBC evening and breakfast news, ITN, daily in the national papers, the radio and the internet.

Katie is a firm believer that you should have access to an expert to give you all the facts before you buy anything, especially a large home loan!

Katie will endeavor to answer all questions, but cannot guarantee to answer them all.

Dear Katie,

Dear Katie, I have separated from my partner whom i own a joint house with, i have left the property he lives there with his New Girlfriend and Baby but he will not apply for a Change of Party consent form, he says that he doesnt want me off the Mortgage because its my fault i left, what can I do? I just want to come off the Mortgage and move on in life.

Abbie Merilion
15/02/2010

Katie says >>

You absolutely must get a solicitor involved and get proper legal advice now. If you stop paying your part of the mortgage it will wreck both your and his credit records for many years. It is not a change of party consent form that he needs but a whole new mortgage without you named on it. In order to do that he must prove that he can afford the whole mortgage on his own or with a new partner, which might be why he is delaying. Naturally the sentiment that "it is your fault you left" will hold no water from a legal point of view. In any case, you need to agree how much he will pay you to buy your share of the house (it may be nothing but it is up to you to agree this). Use a solicitor for any conversations you are both finding it difficult to have sensibly.

Dear Katie,

Hi, I purchased a property with my partner but seperated shortly after. I have been paying the mortgage alone for over two years and would like to remove him. He has agreed but my mortgage lender wont lend it to me alone, they say I need to replace his name but I am unable to do this. I have no problems with the repayments but based on my annual income they say I can't afford it and wont lend to me alone.

Cheryl
15/02/2010

Katie says >>

Ah, a common problem. You do need to have a review from a mortgage broker who can have a look at your budget and suggest alternatives. There is no cost to you until you complete on a new mortgage so feel free to use the financial review to its fullest even if you don't proceed. Alternatives to taking another person on the new mortgage include getting a relative to be a guarantor for you, reducing the mortgage amount by asking a relative if they would like to invest in a percentage of the property with you for a cash sum, or changing it to a buy to let mortgage perhaps, or simply selling and downsizing to something more affordable. There are many options, a broker can set you up.

Dear Katie,

Hi, My husband and I have just seperated. I would like to keep the house. How can I do this and do I need to give him money like equity or re-mortgage to give him money owed? I'm not a big earner but would like advice if there's anyway I can keep the house thanks

Sandra Houston
31/01/2010

Katie says >>

Hi Sandra, You need to get yourself a solicitor as it looks like you need formal legal advice. In very basic terms though I can tell you that there are no hard and fast rules for when relationships end and there is a house to agree on. If you think he will want the money for half it is often possible for you to increase the mortgage in order to raise the cash lump sum to pay him off with. If your income is not sufficient to cover the mortgage, however, (they lend about 4 x income) the lender will not allow you to take the mortgage on on your own. You might have a relative who can be a guarantor, or you might be able to arrange something else with your ex. I do think you need to start with a frank conversation with him first about what you both think would be fair (and do confirm at the start that you both totally understand that you won't even agree, but you're just looking for some terms to start from!), after that, if an answer is not immediately negotiable, find a solicitor to help you. Best of luck.