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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2783
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husbands ex-wife was given 28 days to take my husbands name

Resolved Question:

my husbands ex-wife was given 28 days to take my husbands name from the mortgage following the divorce, 5 years on still nothing, our solicitor has vanished and we cant remortgage at a time where finances are difficult and we need to bring our payments down before we have our home repossessed, we cannot get legal aid to support our case, we have tried everything
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Whatever court order was made would not force her to remove the husband's name from the mortgage. What his ex-wife is likely to have given are undertakings agreeing to make endeavours to remove husband's name from the mortgage.
However, it would be down to the mortgage company to agree to do this or not as they would need to carry out affordability checks to confirm that she can take on the mortgage solely.
What I would suggest that he does is to write a letter asking her to confirm in writing what she has done to remove husband's name from the mortgage and to provide the mortgage company's response and affordability checks. If she does not do this then your husband can contact the mortgage company directly to make these enquiries as he remains a joint mortgagee.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2783
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
HiThank you for your question.In fact the key to solving the problem is the exact wording of the Order regarding the release of your husband from the mortgage and whether or not there are are children involved.The way forward is via the courts and not the mortgage company - but the exact process depends on the wording of the orderClare