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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 9580
Experience:  I have been practising for 30 years.
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I have been separated from my wife for nearly 3 years. We

Customer Question

I have been separated from my wife for nearly 3 years. We own three houses jointly and there's a fourth property that she solely owns.
We have had a verbal agreement, that she keeps the matrimonial home and the one owns solely by her and I gets to keep the next two.
However, I can't seem to remove my name from the matrimonial property as she can't get a mortgage on her own.
On the other hand, I can raise a mortgage for the two that I am supposed to have but shes now reluctant to take her name off these two because of her financial situation.
Can you advise me on the best way to deal with this situation?
Submitted: 2 months ago.
Category: Family Law
Expert:  F E Smith replied 2 months ago.

Hello - What is her financial situation that has become problematic? are you both needing to remortgage?

Customer: replied 2 months ago.
Her earnings are quite low and yes we both wants to remortgage
Expert:  F E Smith replied 2 months ago.

While she may be able to remove her name from the deeds, even the court cannot order her removed from the mortgage if the lender will not agree. If that’s the case, then the only option is for those properties to be sold. The court may, in the short term, order her to “use best endeavours” to remove her name from the mortgage and to pay the mortgage and indemnify you in the interim. If she stops paying the mortgage, then you would be quite entitled to take her to court and apply for an order for sale to compel her to sell it and remove you from the mortgage.

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Best wishes.

FES.