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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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I have a house with an ex in joint names and been trying

Customer Question

I have a house with an ex in joint names and been trying to get my name off the mortgage years. He lives in the house and wants to take it over, but he can't get a mortgage. I'm not entitled to anything on the house as there is a court judgement that it's his house because the agreement was he took it over, I signed papers to take name off and job done...but 6 yrs later I'm no wiser. I'm still liable....can I push to sell it as I want my name off Asap
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question .
Thank you!
Nicola
Customer: replied 2 years ago.
No I'm ok to wait thank you
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
What were the actual terms of the Court Order and when was it made?
Who issued the application and what was it for.
How much is the house worth now and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
Outstanding mortgage about £58.000. House value around £90.000. I haven't got the order to hand, my solicitor has got it. The terms as I remember were that I sign some paperwork to relinquish me from the mortgage/house, he got a mortgage to take it over and my name came off. But he failed to secure a mortgage so I'm stuck on it. It was made about 5 years ago. Not sure who issued it. If this is too vague, I'll go to my solicitor and get the order.
Thanks
Expert:  Clare replied 2 years ago.

Were you ever married?
Did you actually go to court?
Clare
Customer: replied 2 years ago.
No never married and didn't go to court as we had an agreement before that
Expert:  Clare replied 2 years ago.

That is helpful.
Did your ex serve court papers on you prior to that?
Clare
Customer: replied 2 years ago.
It must of been his side that ordered the court as we couldn't come to an agreement on settlement. In the end he offered to give my deposit back of £1000 plus £200 contribution towards solicitor costs. I signed relevant papers, he got the house. It never went to court but something was served in it that its in his 'trust'. Hope this helps
Customer: replied 2 years ago.
He thought taking the mortgage over was a simple matter of removing my name off. He didn't think he had to take a new mortgage out (his solicitor advised him that!!) I was the main bread winner and had secured a mortgage to take the house over but he decided that wasn't going to happen and threw me out....
Expert:  Clare replied 2 years ago.

Ok
Are you sure there was actually an Order sealed by the court - not just the paperwork relating to an agreement made after proceedings have been threatened?
Clare
Customer: replied 2 years ago.
I'm not hundred percent. On top of the form has Rhyl county court on it. If I go to town I'll try and pick it up from solicitor.
Expert:  Clare replied 2 years ago.

Definitely a Court Order then!
If you can get a copy that would be good as you will be using that Court Order as the basis of the application to force the sale - and to seek compensation delay!
Clare
Customer: replied 2 years ago.
Compo, sounds good! I'll try and get it today. What shall I do then, thanks
Customer: replied 2 years ago.
Hiya got the order, would I be able to email a copy? Thanks
Expert:  Clare replied 2 years ago.

I believe you can attach a copy - but I will also ask Customer services to assist
Clare
Customer: replied 2 years ago.
I've emailed a copy to customer service attention. Thank you.
Expert:  Clare replied 2 years ago.

Thank you - I will respond when receive it
Clare
Expert:  Clare replied 2 years ago.

Safely received thank you
What efforts has he made to actually obtain your release from the mortgage?
Clare
Customer: replied 2 years ago.
Naff all years! Got a letter last week saying hsbc won't give him a mortgage, which is who the original mortgage is with.
Expert:  Clare replied 2 years ago.

Who was the letter from - the bank or your ex?
Clare
Customer: replied 2 years ago.
From his solicitor to mine.
Expert:  Clare replied 2 years ago.

Ok
Has your solicitor written back asking why the Transfer was refused and which other mortgage lenders he has approached?
Clare
Customer: replied 2 years ago.
No she hasn't written back and not mentioned any reply to him. It said on his letter he will keep trying (yeah right) mortgage. He knows he can't get one in his own name so is holding out as much as he can and that's why he's taken soooo long. I'm fed up now and need action! I live on a rented farm and will need to buy somewhere retirement when the time comes. (I'm 30)
Expert:  Clare replied 2 years ago.

How much does he earn?
Clare
Customer: replied 2 years ago.
Not a clue! He's self employed. I'm self employed and when I went the bank told me I needed to make 25k profit to take it over. Assuming he would be the same
Expert:  Clare replied 2 years ago.

At the time the Order was made what was your understanding about how long the process would take?
Clare
Customer: replied 2 years ago.
Straight away! I Could of taken the mortgage over on my own at that time, I had it in place ready to go, but he decided he wanted the house, so after he threw me out I gave up and started my own business in the farm. He didn't know he had to prove his income. He thought it was just a matter of taking my name off.
Expert:  Clare replied 2 years ago.

Did he say that he could do it immediately?
Clare
Customer: replied 2 years ago.
No, I just assumed it was going to happen seeing he was pushing to take it over. He knew I could take it over at that time so I assumed he'd been to see the bank and they gave him the go ahead to take over. It was only after months/years of waiting I realised he didn't go to the bank, he just thought it was a matter of removing my name. The first time I heard in a letter he was refused was a couple of weeks ago. Nothing ever before this.
Customer: replied 2 years ago.
May 2008 I moved out and it's ongoing since then....
Expert:  Clare replied 2 years ago.

You need to take the matter back to court and seek the sale of the property
The Order does not technically allow - but it is clear that your ex has not used his best endeavours as he could have applied mortgage from a Secondary lender and has failed to do so
Clare
Customer: replied 2 years ago.
If the house got sold I'm assuming he would get all equity? Could I try and get compo.
Expert:  Clare replied 2 years ago.

Have you actually been refused a mortgage because of this
Clare
Customer: replied 2 years ago.
yes as they will be taking that mortgage into account
Expert:  Clare replied 2 years ago.

I understand that - but have you actually applied and been refused - and do you have that in writing?
Clare
Customer: replied 2 years ago.
No I havent unfortunately
Expert:  Clare replied 2 years ago.

Whilst you can try and claim compensation you will need to prove your loss - with the loss being your inability to obtain a mortgage
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
I'd just be happy to get my name off to be honest but I could try a little sweetener soooo long! I don't think there is anything else to help with really. I will push to get it to court. Thank you very much. I will rate your service well.
Expert:  Clare replied 2 years ago.

Thank you and good luck
Clare