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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Change of name by deed poll ..after 5 years divorced ..ex will

Customer Question

change of name by deed poll ..after 5 years divorced ..ex will not agree to getting my old name off the mortgage ..I can't move on ..can I use my deed poll name and say that I don't own a property
Submitted: 1 year ago.
Category: Family Law
Expert:  UKfamsol replied 1 year ago.
Hello and thanks for your question. I need a bit more information to be able to answer: When you got divorced, was there a court order stating what was to happen to the house and any other matrimonial assets? If yes, what did the court say was to happen to the house and any other assets? If no court order, did you reach any agreement between yourselves? What exactly did you agree was to happen to the house and any other assets? Was that verbally or in writing or via solicitors correspondence?
Expert:  UKfamsol replied 1 year ago.
Unfortunately, you cannot use the fact that you have changed your name to argue that you either don't own property, or that you are not liable under the terms of a mortgage deed, because you are still the same person, just with a different name. If you tried to do that, that would be fraud.
Customer: replied 1 year ago.

that's all I needed to know.my granddaughter is the person in question the agreement when divorced was he should make every effort to get the mortgage sorted out and she is still waiting ,,she suffers with 'brittle asthma middle airway syndrome and other life threatening problems .she is living with us we are 72 this year .and since January she has been in hospital virtually every day for last 6 months since ,she has also 'died twice 'on my living room floor ..went to court last week he claimed virtual poverty .but booked up for a holiday Spain 2 weeks for partner and 2 kids?.problem is she can get sheltered accommodation .

but he won't take her name off the mortgage..any suggestions

I have already PAID £31FOR THIS MY EMAIL ADDRESS IS FINE WELL I RECEIVED A RECEIT FOR MY PAYMENT

Expert:  UKfamsol replied 1 year ago.
Hello again and thanks for the extra information.

It sounds from what you say that the agreement was just an informal one between the two of them.

If that is the case, then there is still all to play for. (unless a final order was made at ciurt last week...)

What was the court case about last week?
Was a final order made at court last week?
What did it say?
Is the house in joint names?
How much is the house worth? (approximately)
How much is the total mortgage on the house (approximately)
Does she have any kids? If so, which parent are they living with?
What's your granddaughter's annual income (approximately)?
What's her ex's annual income (approximately)?
Expert:  UKfamsol replied 1 year ago.
Hello again

I hope I haven't upset you by asking additional questions - I certainly did not mean to.

Just to confirm my answer, unfortunately, your granddaughter cannot use the fact that she has changed her name to argue that she doesn't own the house or that she is not liable under the terms of a mortgage deed, because she is still the same person, just with a different name. If she tried to do that, it would be fraud.

As I thought I needed more information, I gave my answer to you in the form of an infirmation request. Now that I know this is all you need to know, I would be grateful if you would kindly accept and rate my answer, so that I can be credited for my time - thanks so much.

With best wishes to you and your granddaughter...

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