Hi.. I need some advice on behalf of my husband .. My husband brought a property with his x and mother of his first child over 8 years old. the relationship broken down 2 years after moving into the property.This later resulted in him and his parents taking his ex to court to get back the deposit that was used to buy the house. He believe at the same point his was getting his name removed from the mortgage... anyway 8 years later and now we are married with our own childrens we want to buy but we found out his name was Never removed from mortgage.. We have tried speaking to his ex since last august in reference to getting my husband name off .But she doesn't have any interest in doing this,This includes tell her to make contact with the bank about re mortgaging the property in her own name .Even her brother has offer to put his name on the mortgage in order to remove my husbands name.. But she has done anything with this offer .. To make matters worst we requested copies of the mortgage statements and we will received the statement we found out in the early day of having the mortgage after my husband had moved out .She took 3 cash advances against the mortgage totally £50k without my husband permission ..
We have had an estate agent do a drive by valuation and we know there is around £40/60k equity in the property if she was to sell
Could you please give me some advice on what to do ? As it isn't right as my husband don't want any money from the property he just wants his name off
there hasnt been a hearing.. we have tried dealing straightly with my husband ex with no joy..
We are now at the stage we are seeking legal advice
Oh she was ordered to pay back the deposit amount.We believe that's the reason she remortgaged the house first time around
The deposit for the house was brought to court as loan, That's why i believe the ownership of the house wasn't covered properly.
any way the deposit isnt the issue. She has been paying the mortgage by herself for the last 7 odd years. and if she sold the property there is equity in the property for her to rent or buy again ..
She is currently in a very good position
So i need to know what step we need to take in order to get his name removed from the property or to force a sale ?
It's ok not too worry i have made an appointment to go see a solicitor .
You mentioned his ex buying a 2 bedroom property ?
I have a few questions what if there were enough cash for a deposit on another property but she wasn't credit worthy to get another property ?
would this be issue ?
Also she has another same sex child with another man.. would the judge also take this into court and deem a two bedroom property suitable ? Could it be a 2 bedroom flat not house ?
Having a quick look a 2 bedroom property ie house are around £250k in the same area she is in,This amount is more then what her current mortgage is ? would this be taken in an count ?
Does the property need to be in the same area or within reach of my husbands child's school ?