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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex wife is living in our house with shared mortgage how

Customer Question

My ex wife is living in our house with shared mortgage how do I go about taking my name of the mortgage if she is in no position to remortgage please help
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
When was the Decree Absolute and are there any children involved?
How much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.

We have one 5 year old together and the house value is about 190k and the mortgage amount is about the same as she werent paying fully

Expert:  Clare replied 3 years ago.
Hi
Who is currently living at the property?
Claire
Customer: replied 3 years ago.

My ex wife and my son

Expert:  Clare replied 3 years ago.
Hi
Hi
What about her partner?
Claire
Customer: replied 3 years ago.

She claims he is not but I believe he is and I ve asked her if he will take over my name on the mortgage but she said he is not living here and he wont. ....

Expert:  Clare replied 3 years ago.
Hi
When was the Decree Absolute granted?
Claire
Customer: replied 3 years ago.

Mortgage was taking 2006 ...we split up jan 2011

Expert:  Clare replied 3 years ago.
Hi
Are you actually divorced - if so when did that happen?
Claire
Customer: replied 3 years ago.

Not yet

Expert:  Clare replied 3 years ago.
Hi
Jut to check - who is currently paying the mortgage - if it is you are you paying it instead of child maintenance?
Claire
Customer: replied 3 years ago.

I was paying the morgage up till jan 2011 when we split up and now im only paying child maintenance and other loans in joined names.

Expert:  Clare replied 3 years ago.
Hi
Do you both agree that there should be a divorce?
Claire
Customer: replied 3 years ago.

Yes we are both in an agreement for divorce

Expert:  Clare replied 3 years ago.
Hi
The only way that you can force the issue of the house is within the financial side of divorce proceedings.
If you both agree to a divorce this can be issued on the basis of the fact that you have lived apart for more than two years.
You can then ask the court to consider the financial issues - however you need to be aware that the priority for the court is the safe and secure housing of the child until the child is 18 and on that basis you will not be able to force a sale (or re-mortgage) until then UNLESS you can prove that she is co-habiting.
I am sorry that this is not the best of news - please ask if you need further details
Claire

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