They mutually agreed to split but he started the divorce proceedings.
Thecourt cannot order him or her removed from the mortgage unless the lender consentsAlthough it can order him or her to be removed from the title deeds.
Itcan order an x to pay the mortgage however, and to indemnify him/her againstany claims by the lender, but it does not stop the lender pursuing them both.
If sheis acting for herself and he has solicitors, then she can deal with thisherself and she can tell them that unless they respond to correspondence, shewill make the necessary application to court herself. If she thinks that he isbeing obstructive, she can apply to court for an "unless order" which is anorder that says that unless he deals with something by a particular date, thensomething else will happen.
I'mnot certain if that answers your question. I am happy to expand and answer anyfurther points
CanI help further?
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Thanks. When you say she can make the necessary application to court herself if he doesn't provide his correspondence - what application are you referring to and what will she need to provide? Just her reasons why she can't give a time limit to get him removed from the mortgage?
If she applies for the Unless Order and a deadline is set, what will happen if he fails to meet this deadline?
Which particular aspect of the divorce are you referring to? The house?
Will the lender consent to the mortgage change?
2 children, 11 and 6
I am referring to the house. Do you mean she can apply for a Unless Order seeing as he has missed the original deadline and then if he fails to meet the deadline on the Unless Order there will be consequences? If so what are the consequences?
Are you still there?
We already know this and have offered this but he's refused.
Can you please answer my earlier question:
Can she apply for an Unless Order seeing as her ex has missed the original deadline?
or should she write to his solicitors first and set her own deadline but state if this also fails to be met then she will apply to the court for the Unless Order?
As I've said, this has already been offered and he will not accept a time period of more than 24 months and therefore nothing is moving to get this resolved.
At the hearing in February he was advised to send her his reasons for wanting a time period set and then she has to respond to this and then a court date is set. He has missed the deadline and no contact has been made.
Can she apply to the court for an Unless Order to force him to provide the information he's supposed to?