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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 837
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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HiMe and my wife are divorced. But we haven't finish

Customer Question

HiMe and my wife are divorced. But we haven't finish finance.We have a property. She want to sell the property and buy new property with existing mortgage and i want to remove my name from the current mortgage.She will carry existing mortgage on her new house.My Question is :
When she sell the property or taking over mortgage on her name. Does she need my signature ?How do i know she remove my name from existing mortgage ?RegardsManish
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Manish Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - When were you divorced?- How far along are you in respect of the finances? has disclosure taken place? Any agreement yet reached in respect of division?- What is the value of the equity in the property?- So you agree that the house should be sold? Kind Regards Caroline
Customer: replied 1 year ago.
Hi Caroline,Decree absolute has been granted in November 2015. But i have received my divorce certificate in near about in January 2016.House value is near about £235000. But, We have reached an agreement. I have decided to give house to her. And I want to remove my name from existing mortgage.She just called me and said she have under offer for the house and she waiting to move in new house. But new house on chain base system (its not empty yet).Also she mention when everything sorted than she will call me for sign.But i want to know where do i have to sign. Do they need my sign for remove my name and sell the property.Best RegardsManish
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes are you are a co-owner you will have to sign - otherwise she wont be able to sell. You all need to consider preparing a consent agreement to submit t the court in respect of what has been agreed. If you dont do this your ex could still make a claim against you in the future. Also make sure you have full disclosure before you give up all your claim - as you may be selling yourself short. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
Hi Caroline,When can i apply for consent order ? Do i have to do after remove my name and house sold ? or before ?What does it mean by "Also make sure you have full disclosure before you give up all your claim - as you may be selling yourself short."RegardsManish
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Manish The mortgage company might not release you until the house is sold - this is up to them. A consent order make any agreement you have reached full and final. Disclosure is the process of both you and you ex providing full information as to your assets and liabilities. It is only when this process has happened can you then truly discuss who should get what on division. You should consider referring your case to family mediation. Family mediation can help you and your ex through disclosure and also discussion about division. Kind Regards ***** ***** kindly remember to rate positively
Customer: replied 1 year ago.
HiI am paying my kids through CSA.My Question is :Do i have to pay any more ? My wife is forcing me to pay more kids ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Hamish Thank you for your further question. I am happy to help but notice that you have still not rated my service so far. We receive no credit for our work unless positive feedback is received. If you could kindly leave positive feedback and I will assist with your follow up question. Kind Regards Caroline
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline,I have a question about spouse visa.I am thinking to merry with my girl friend. She is student here and her visa is tier 4 (expiring on November).Can she merry with me. ( I am British Citizen) If yes than how can she apply for settlement in the UK.Kind RegardsManish
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Manish I hope that you are well. My apologies for my delay in responding to you. In respect of child maintenance - you do only have to pay what the Child Maintenance Service ( previously CSA) calculated - however please be aware that if you pay the top rate or if you have sufficient means then it is possible for your wife to make a schedule 1 children act claim to the courts to seek provision for the children if there is a need. I am sorry I do not specialise in Immigration but if you repost the question about your girlfriend in a new question - one of my colleagues who specialise in Immigration will be able to help you. Kind Regards Caroline
Customer: replied 1 year ago.
Hi Caroline,My ex wife sending me messages like equal responsibilities. I am paying to my kids through CSA and i am meeting my kids every 2 weeks. But she telling me i have to drop my kids to schools on the morning.I already mention i m living in another town. She said left the job.But i am living in different town 50miles far a way from my ex town.She always sending these type of messages and harassment me.Do i have to go morning and drop them off school ?Kindly Regards
Manish
Expert:  ukfamilysolicitor replied 1 year ago.
Good Manish It sounds like dropping the kids off at school is not possible with your job. If this is the case - you can be forced to do this. You do need to work so that you can maintain the family. Kind Regards Caroline
Customer: replied 1 year ago.
Hi Caroline,Can court or any legal forced me to do that (dropping kids off at school)?Regards
Manish
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Manish A court will not force you to do something that you cannot do because of work. Kind Regards Caroline
Customer: replied 1 year ago.
Hi Caroline,Thanks. Really appreciated.
Just last thing.
not even any solicitor can force me to do that ?Regards
Manish
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Manish No one can make you drop off the children if you cant do this because of work - not even a solicitor. Kind Regards Caroline

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