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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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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Hi, I became divorced 3 year ago, with a clean break from my

Customer Question

Hi, I became divorced 3 year ago, with a clean break from my wife.
the one thing that unfortunately was not resolved is that my name is ***** ***** the mortgage.
due to income of my now ex wife, although she owns the house and I have no rights to anything on this, she is unable to get a mortgage in her sole name.
the house was initially up for sale, but as soon our divorce was final, my ex took it off the market.
I have a new partner, and new baby and really want to clear my name from any future issues if she fell into arrears. I believe that no payments have beenm missed, but I cant move on as i'm linked to the £187,000 mortgage.
have I any options to put a legal document in place to remove me from any issues in the future of this property and help get a mortgage in my own name elsewhere.
best regards
David Shaw
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there a Financial Order sealed by the Court within the financial proceedings?
How much is the former matrimonial home worth and do you have children with your ex?
Clare
Customer: replied 2 years ago.

Hi, I am not really sure about the Financial order.

my solicitor completed a clean break, the house was signed over to my ex, passing equity on the property to her only.

she in theory is free to do with the house what she liked.

the only thing left was my name on the mortgage, my solicitor did state that if any issues arose we could sue her for any moneys that the mortgage lender chased me for , what ever that meant.

my ex wife uses the property as a base for her child minding business, and being self employed with not a massive income or what she shows on her books, falls short for mortgaging in her own name.

we have 2 children together 7 and 10, who we share and financial agreements are in place for maintenance via a private arrangement.

is there a loop hole, or legal arrangement that can be put in place to allow me to keep my name on the mortgage to keep things tidy, but free me from any come back, or free me to move on and get a mortgage in my own name with my new partner and baby.

I am concerned that if I did get one with funds I'd be allowed to borrow, that the bank could chase me and take this away if my ex-wife came into financial difficulties in the future.

the house is valued approx. £220k, and she refused £205k at our time of the divorce as she was holding out for more, or planned to buy this with her new partner that has not worked out.

I hope you can help.

please let me know as remortgaging is a no go for her and it is now seriously damaging my current relationship.

best regards

Dave Shaw

Customer: replied 2 years ago.

hi, I have checked and I do have a financial order sealed in place, I've just had it emailed to me.

in regards ***** ***** property that was signed over to my ex, it states my ex shall undertakes to the court to endeavour to procure the property and release me from any liability under the mortgage charge and favour to the lender (Santander) in respect to the property and in any event to indemnify me against all such liability in any event’

does this help?

best regards

David Shaw

Expert:  Clare replied 2 years ago.
Hi
Is your ex now living with her partner?
Clare
Customer: replied 2 years ago.

yes and No, he has his own house, and whilst things were good they lived at my ex's home what seemed full time.

I don't know if things are official there i.e..if he assisted with the mortgage or food or just stopped over.

they are having difficulties and seem to not to be close and what I hear from the children he's not there as often.

there was option of him purchasing the house with her, but as their relationship hit difficulties that has not progressed and I feel my ex is reluctant to be in a joint mortgage with him if the relationship did not last.

I hope this helps.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you are as protected as you can be and you cannot change the situation.
You cannot insist on being released from the mortgage until your ex co habits or your youngest child reaches the age of 18.
You are as protected as you can be,
IF the house is repossessed and there is a short fall: and the mortgage company pursue you then you can sue your ex for any funds you have to pay the mortgage company.
I am sorry - I know that this is not the news that you hoped for - but it is the situation that you are in
Please ask if you need further details
Clare

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