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Remove from mortgage

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Hi can anyone help, myself and my ex partner purchased a property in 2013 and we separated in 2017. I left the property and my ex stayed on with our 2 children. She did not wish to leave the family home which is obviously fair enough. She you'd me She would take over the mortgage in her name. In 2019 she moved her new partner in and they had a child together then 2 years later he left her.
I've been asking her for years to remove me and she kept making excuses e.g covid.
I have been with my new partner since 2018 and were obviously wanting to move on with our lives.
My ex didn't pay the mortgage for 6 months last year and had the arrears added to the mortgage without my knowledge or consent. She didn't advise she was struggling she did coincidentally cut off all contact with me & herself and i have had to communicate for contact directlywith the children.
She now tells me she is unable to take over the mortgage as she cannot approve affordability. She sent me a message with a laughing fave saying there's nothing I can do until the youngest is 18 ( she's 10 now)
She's totally wrecked my credit and says I'm also entitled to nothing as I haven't paid in so its tough luck.
Just to clarify I am asking to be removed and do not want any money however it hardly seems fair. There is almost 90k equity in the property so I am satisfied that my children won't be affected financially if she needs to sell in order to get me off the mortgage.
I have emailed a mediation company today to try and see if the issue can be resolved amicably but I don't hold out much hope.
Do you think there's a chance the courts would rule in my favour? Or am I to be kept a financial prisoner until 2035.

There are no maintenance issues and I habe always had my children at weekends.

Any advice greatly appreciated
 
The courts would almost certainly rule in your favour because she failed to pay the mortgage for six months last year. It proves she cannot afford the house and it must be sold. Also, there is another party who is responsible for housing one of her children.

I also don't know why she thinks she will be able to stay there until the children are 18. That really isn't a thing anymore unless both of the ex-couple agree. But this myth continues to abound.

At the very least you should act now because even in the very unlikely event that she can stay there, a judge is going to make sure you get a decent share on sale to compensate you for her using your earning capacity.
 
One other thing. You should also call the bank with whom the mortgage is with and tell them you do not consent to any new borrowing on the mortgage and also that you do not consent to any new fixed rate deals. That will force her onto the standard variable rate at the end of the fixed term and make things much more expensive for her.

Oh, and also make a formal complaint to the bank about lending you money without your consent. Potentially by lending new money in your name last year your ex has also committed an offence, either fraud or economic abuse.
 
Unknown01 said:
One other thing. You should also call the bank with whom the mortgage is with and tell them you do not consent to any new borrowing on the mortgage and also that you do not consent to any new fixed rate deals. That will force her onto the standard variable rate at the end of the fixed term and make things much more expensive for her.

Oh, and also make a formal complaint to the bank about lending you money without your consent. Potentially by lending new money in your name last year your ex has also committed an offence, either fraud or economic abus
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Thankyou this has really boosted me , I called the lender and they said I can dispute the consolidation and it can be reversed but I wasn't sure if it would be better for now if atleast my credit can start to recover as I will be then liable for the arrears. I'm going to look into everything you have said. Thanks for taking the time.
 
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