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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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is there any way of taking my name off a mortgage after a final

Customer Question

is there any way of taking my name off a mortgage after a final divorce settlement where it specifically states that the settlement incorporates this?
My ex husband is in arrears with his mortgage and this is reflecting badly on my credit despite me informing the lender (Nat West) and sending them copies of the divorce
regards
Pat
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks you for your question
I shall do my best to assist you but I need some further information first.
What is the exact wording of the order regarding this and when was it made?
Claire
Customer: replied 4 years ago.

do you mean the wording on the divorce settlement?

Customer: replied 4 years ago.

I will have to get the documents and get back to you tomorrow,is there a refernce that I can get directly back to you

Expert:  Clare replied 4 years ago.
Hi
That will be fine - just add it when you can
Claire
Customer: replied 4 years ago.

Hi


The consent order BS10D00903 was dated 25 January 2011


"2.Within 28 days of the date of this Order the Respondant will transfer to the petitioner all her legal estate and beneficial interest in the former matrimonial home 101 Saxon Way,Bradley Stoke,Bristol,BS32 9AR."


 


"And upon the Petitioner undertaking to the Court and agreeing to use his best endeavors to procure the release of the Respondant from any liability under the mortgage secured on the former matrimonial home in favour of RBS Natwest and in any event to indemnify the respondent against any liability"


 


"By consent with effect from decree absolute it is ordered"


 


 


Hope this is what you need


regards

Expert:  Clare replied 4 years ago.
Hi
What efforts has he made to obtain your release from the mortgage so far?
Claire
Customer: replied 4 years ago.

He has been informed that he would require a new mortgage in his


name only by Nat West but as he is in ( one month) arrears this may prove difficult although he has stated that this arrears will be cleared in September,this still means it could happen again


regards

Expert:  Clare replied 4 years ago.
Hi
Are there any children living at the property and why has it taken him 2 years so far?
Claire
Customer: replied 4 years ago.

hi


no children involved.do not know why it has taken so long


regards

Expert:  Clare replied 4 years ago.
Hi
The Problem is that it says he has to "use his best endeavours" - basically try hard - not actually succeed.
HOWEVER the fact that he has run up arrears means that there is no question of a transfer being agreed by the Mortgage Company - so you can argue that he has NOT used his "best endeavours at all"
As a starting point write and ask for a full account of all efforts he has made since the Order was made - and if he has not tried at all or the only problem is the arrears then you can apply to the court using a Form D11 to enforce the Order by way of a sale of the property
I hope that this is of assistance - please ask if you need further details
Claire
Expert:  Nicola-mod replied 4 years ago.
Hello,

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Thank you,
Nicola