ex-spouse still on mortgage

[newbieLLinneed]

Hi. I'm in a bit of a pickle here. I'll try and keep it simple:-

>Ex-husband moved out of our house and we privately agreed that I would keep the house. I carried on living in it and paid the mortgage on my own. I couldn't take his name off the mortgage because it was in arrears.

>I now rent the house out but because of him still legally being a joint owner I had to get him to sign the tenancy agreement etc.

>I pay all expenses in relation to the property and keep all the rent but I am not in profit yet.

>I have now come to fill in a tax return for 08/09 to record my losses (never done a tax return before btw). There is a tick box for "if you have any income from property let jointly".

Obviously he's not going to want to fill in a tax return for a property that he receives nothing from. I just can't get my head around what to do.

Q1) Of course I realise I need to get his name off it asap - is it just a case of getting his name taken off the mortgage or is there more to it than that.
Q2) Once his name has been removed, is it ok to leave his signature on the tenancy agreement for the rest of the term?
Q3) What do I do about the tax situation for the period that his name has been on it.

Sorry for so many questions I'm so confused.

[newbieLLinneed]

Me again. Please can anybody help :confused: Especially Q3 which is more urgent. Thank you

[Poppy]

To remove your ex-husband from the property’s ownership register and mortgage, you need to employ a conveyancing solicitor.
Yes it is OK to leave the tenancy agreement untouched.
I don't have an answer.

♫ Two out of three ain't bad. ♫ :cool:

[TaxationPete]

Ideally you need a declaration of trust making you the beneficial owner of the property so all the rental income is yours. You could just prceed as HMRC may not check but if they do then you can provide evidence that you pay all the bills. Are you formally separated. Regards Peter

[natt48]

If you ex does not receive any money or have any outgoings related to it then he won't need to complete a tax return (it's not his business). The all the profits and all the expense are yours so you should complete the tax assessment as normal. If completing it on-line there is a space to explain anything which may affect your tax return you should make a note of your situation here for future reference.

[newbieLLinneed]

Hi. Sorry I've only just seen your replies as I've not been on for a bit (just had a new baby) but I didn't want to be ignorant so thank you very much your replies are all very helpful.