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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34869
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 went to court and agreed the following for

Customer Question

I went to court and agreed the following for maintenance for my 2 children, the house. I got 12,000 which my ex wifes mother paid and I handed over the deeds to the house and paid her £650 a month maintenance. This was on the previso that my ex wife wrote to the mortgage company every 6 months to request my name be taken off the mortgage as the mortgage company wouldn't allow it initially. This was nearly 2 years ago and I am still yet to receive a letter from Santander. Am I able to go back to court and claim back part of the house due to breach of contract? or force my name to be removed. I am getting the worst of both worlds here.
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Just a bit more information required.
What was the exact wording in the court order regarding your ex-wife removing your name from the mortgage?
Have you contacted your ex-wife to seek confirmation that your name has been removed from the mortgage?
Furthermore, you have said that you handed the deeds to your ex-wife. This does not automatically transfer the property to her if the property was in joint names or in your sole name. You would have had to make an application to the Land Registry for a transfer - was this done?
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for 30 years.I am afraid that all your ex has to do is show that she has written to the mortgage company once every six months - that is all that is required.Indeed even if she has not done so provided she writes immediately then that will be sufficient.To have any chance of changing this you woudl have to be able to show that she either IS able to obtain your release but has failed to do so OR that she has done something to prevent them approving the request - such as failing to pay the mortgageAlternatively if she has started cohabitation you could also make an applictaion for the Order to be revisited and your name removed or the house sold.You will NOT be able to claim any equity form the house in any event I am afraidPlease ask if you need further detailsClare
Customer: replied 2 years ago.
Hi Claire,I cant seemed to find the paperwork but the judge basically said that every 6 months Tracy had to write to the mortgage company requesting that my name be removed and that she can cope with the mortgage payments without my name on there. I have contacted me Ex wife who has confirmed she has not writen to them as she is concerned they will remove me! The application of deeds was made via the court to which I had to sign. I really just want to know if I can force her to write to them? can I go back to court and request I am put back on the deeds as breech of court order? or am I fighting a losing battle?Richard
Expert:  Clare replied 2 years ago.
Excellent news that your ex things they will release you!
Did she by any happy chance put the fact that she has not written in an email to you?
Customer: replied 2 years ago.
Hi,Im not sure they will release me, but she is just concerned hence not writing to them once! I had it on Text but my phone has since died. Im happy to e-mail her and ask her why she has not done it and see if she confirms it back in writing, im just not sure about what action I can take against her.Richard
Customer: replied 2 years ago.
Hi,Sorry, are you able to confirm my best course of action please?Thanks,Richard
Customer: replied 2 years ago.
Hi,Bit confused if I should be receiving a response as I'm not sure I'm any further forwardRegardsRichard
Expert:  Clare replied 2 years ago.
My apologies for the delay
The Order says that she has to write regularly regarding your release - and she has failed to do so
Accordingly you can apply to the Court on a Form D11 to ask for evidence of the reasons why the Mortgage Company will not release you - and in the absence of such evidence an Order that the house is sold...
Customer: replied 2 years ago.
That's great, thanks Clare, could I finally ask how much you would charge do this process on my behalf?
Expert:  Clare replied 2 years ago.
Sadly we are not allowed contact outside of this forum BUT I am more than happy to help you with the Form if you wish to deal with the paperwork yourself