Where do I stand removing ex from mortgage?
11 June 2021 at 4:52 pm #55203
I’m wondering if anyone has been in this position or knows where I would stand?
my ex husband and I divorced 4 years ago, initially he was compliant with seeing the children (now 12 and 9) but over the years this has diminished and he sees them once every 6weeks, as I want what is best for the children I wanted to make sure we were financially secure and decided that I would buy him out of the house for £13k and took on his £40k debts (with the help of family). I did this through a solicitor and have a consent order, as part of the consent order I was responsible to remove my ex from the title deeds and mortgage within 38 days or at the earliest opportunity. As I had taken on exes debt and was using a debt management plan I was unable to remortgage to remove my ex from the mortgage (I did try and have the document from the mortgage company declining the remortgage), also as part of the consent order it explicitly says we both have no claims on each other’s income, capital, pensions, contents of family home, legal costs, each other’s estate on death, all other claims of any nature as a result of the marriage…fast forward 4 yrs I have cleared the debt, been out of the debt management plan for a year and am looking at selling my house. This is where I may have problems, he is still in the title deeds and mortgage, my ex and I talk but he is a functioning alcoholic and sometimes he’s amicable and sometimes not, I regularly get calls from him asking for money (which I do not give!) but he is very manipulative and I know that when I come to sell my house he will say I will only sign the documents if I give him £x…obviously I will not do this but is there a way to enforce the court order to get him to sign the mortgage papers and title deeds when the sale happens? I do not want to pay for a solicitor if I don’t have to, as I feel that was the point of going through a solicitor and getting the consent order in place to begin with.
Hoping someone will be able to point me in the right direction or know how I can do this26 June 2021 at 6:20 am #55700
during my financial settlement I was “given” the matrimonial home on the undertaking that I removed my ex from the mortgage etc by a specified time ( mine is feb 2023). I have two kids and work full time have been paying the mortgage solely. I had to get a mortgage in principle offer ( i stayed with my current lender for the joint mortgage) this was based on my reduced income as I am a TA. Once I got the mortgage offer I had to contact solicitors to act on my behalf. It’s like a sale unfortunately. I have to pay just over £800 so that my ex can be removed from the deeds and I become the sole owner although I still have a £90,000 mortgage. I do not have to pay any monies to the ex as that was the agreement. Although it costs you might need to get legal advice but it will be empowering to remove him and know that you are doing a fantastic job! I would make sure he is off the mortgage before you sell as like you said he may try to claim a share which would be unfair seeing as you have cleared his debt etc. If your order states remove him, then remove him first then look into selling.
hope this helps