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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 split with my ex wife 16 yrs ago and

Resolved Question:

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i split with my ex wife 16 yrs ago and we got divorced we had a motgage together with my name as the main name and my ex as the second name on the mortgage after we split i agreed to sign my right s to the deeds over to her so my son who was six at the time would have a roof over his head untill he grew up.
my ex wife has paid the mortgage from then on ,it was an endownment mortgage , she still lives in the property.
the mortgage term expired in sept 2014 (25 yrs) but ive been getting letters stating that there is £35.000 outstanding on the mortgage ,we dont talk and she will not communicate with me im not sure if she has kept up with the endownment payments or not as the original mortgage amount was for £36.000 but my mum had a visit from a debt agency looking about the outstanding amount ,i have no savings and now live with my current partner ,we bought our current house from the council two yrs ago and have a mortgage of our own , my ex wife remarried about 6 yrs ago and they both live in the house we first bought . my question is am i liable outstanding amount and if so if i coulnt pay and my ex wife could not or would not pay it would the bank reposses that first property ... i am very stressed over this matter and would be gratfull advice as to were i stand ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Was there a final financial order made within the divorce proceedings?
Clare
Customer: replied 2 years ago.

clare not as such but i signed the deeds over to her sole name through a solicitor i am not sure if they became part of a final financial order as it was 15 yrs ago and i cant remember any of the details apart from the condition of me signing the deeds over to my ex wife was that she could not come after me monney as the house had a good percentage of equity as i / we had bought two houses nxt door to each other and i had spent 20,000 pounds renovating the two houses into one and done 95 % of the work myself , i only did this as in signing the deeds in the sole interest of my son who was six at the time and wanted him to have a nice home untill he grew up he is now 23 but we have no contact as she has been very nasty ever since also poisoning him aganst me ....i am not worryied if the house now gets repossesed its just that i can not afford to be in debt .

Expert:  Clare replied 2 years ago.

Do you have any paperwork with the Court number on it?
Clare
Customer: replied 2 years ago.

i am not sure if i have any paperwork i do have a few bits from the past i will have to seek them out but i have lived in quite a few places since and one of the places i lived at had a house fire and a lot of my stuff was lost .

Expert:  Clare replied 2 years ago.

The starting point is to find something with the Court Number on it.
If need be you can use this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d440-eng.pdf
to get a copy of your Decree Absolute which will give you the court number
You then need to contact the court and ask if there was a financial Order made at the same time - and if so pay copy.
It is likely - not certain but likely - that the Order stated that your ex had to sell the property when your son was 18 to allow you to be released from the mortgage
If so you can apply to the courts to enforce it
If not then you can in fact start an application to force the sale on the grounds that you are financially bound to the property and she is not paying off the outstanding mortgage.
In the long term the amount will be payable from the sale of the property following repossession so your current home is safe - but clearly you need the matter resolved to protect your credit rating
Please ask if you need further details
Clare
However you need to know the position to know which applictaion to make!
Clare and other Family Law Specialists are ready to help you

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