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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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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During my divorce, I signed away my legal interest in the marital

Resolved Question:

During my divorce, I signed away my legal interest in the marital home. My ex wife cannot afford to take on the joint mortgage in her own right, and cannot remortgage due to her low income.
I would like to be free of the mortgage (I don't pay towards it, but my name is ***** ***** it).
Is there anyway I can force this issue?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
When was the Decree Absolute?
How much is the house worth and how much is outstanding on the mortgage?
Are there any minor children involved?
Clare
Customer: replied 1 year ago.

Hi Clare

The decree absolute was early November 2013. The house is worth around £180K I guess and the outstanding on the mortgage which is interest only is £165K or thereabouts.

My son lives with his mum mostly although I do have a custody arrangement where I see him regularly. He is 6 years old.

Richard

Expert:  Clare replied 1 year ago.
Hi
What does the Financial order actually say about the mortgage?
Clare
Customer: replied 1 year ago.
There is or was no financial order.
The signing over was done after the divorce as I was going though an IVA.
The divorce paperwork states that my ex wife should make all practicable and reasonable efforts to take on the mortgage in her own right. Obviously this has been quite some time now, and I want to move on. My current partner is understandably nervous about the mortgage although I'm told that there is a document in place that indemnifies me from action in the event of her defaulting on the payments, her solicitor has advised her not give me this.
Richard
Expert:  Clare replied 1 year ago.
Hi
Does your ex have a new partner living with her?
Clare
Customer: replied 1 year ago.
Hi Clare
Not as far as I know!
She's very cagey about her relationships, but I'm sure my son would have mentioned something.
Richard
Expert:  Clare replied 1 year ago.
Hi
I do not have good news I am afraid.
You are not going to be able to force a release from the mortgage until your child is 18 or your ex cohabits.
This woudl have been the case even if the matter had gone to court at the time of the divorce rather than you simply agreeing it.
You can ask your ex to approach a mortgage broker once a year to check the situation - but that is the most she has to do.
However it would be sensible to have a Consent order prepared and sealed by the court confirming that in the event that she cannot obtain your release from the mortgage when your child is 18 then the property will be sold.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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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