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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi My name is XXXXX XXXXX my ex husbands mortgage This stops

Customer Question

Hi

My name is XXXXX XXXXX my ex husbands mortgage
This stops me getting another mortgage or a council
Home I have no writes to the house we divorced and I signed it over
What can I do it get my name off or can I ask him for money to help with rent as I've had to privately rent. ?

Thanks

Kellie
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Clare :

Hi Thank you for your question.

Clare :

My name is Clare

Clare :

I will do my best to help you but I need some further information first.

Clare :

How much is the house worth and how much is outstanding on the mortgage?

Clare :

Are there any children living with him and when was the Decree Absolute?

Clare :

What agreement was made about finances at the time of the divorce

JACUSTOMER-ots4ymga- : Hi
JACUSTOMER-ots4ymga- : hi he owes 279,000 and house is worth rather 370,000
Clare :

and the rest?

JACUSTOMER-ots4ymga- : Degree absolute was in June 2007
JACUSTOMER-ots4ymga- : we have no children
JACUSTOMER-ots4ymga- : but he has that live there with him and girlfriend
JACUSTOMER-ots4ymga- : i was paid 9,000 which was debt I had from marriage and sign house and business over to him I think it was done very quickly
Clare :

Why were the finances not dealt with in 2007

Clare :

So you transferred the property to him.

Clare :

Was there a Court Order made regarding this?

JACUSTOMER-ots4ymga- : Yes as it was going into negative equity and as I worked for him and also lost my job I didn't want to owe a large mortgage
JACUSTOMER-ots4ymga- : I'm not sure as I said he dealt with it all I signed
JACUSTOMER-ots4ymga- : Hi Claire you still there?
Clare :

Sorry

Clare :

Do you remember receiving anything that said the finances were dealt with from the court?

JACUSTOMER-ots4ymga- : I don't how can I find out ?
Clare :

do you have the copy of your Decree Absolute/

JACUSTOMER-ots4ymga- : Does it matter if I did or didn't I can't get another mortgage cos of this and he lives in a house with my name on mortgage ?
JACUSTOMER-ots4ymga- : Yes I do
Clare :

Good

JACUSTOMER-ots4ymga- : Decree absolute Edmonton ED07D00467
Clare :

Then you can contact the court and ask if there was a Financial Order made at the time of the divorce - and if there was ask for a copy of it 9they will charge £10 on average for that)

Clare :

If there was one then we will have to wait and see what it says.

Clare :

If there wasnt one then that is good news and makes things easier

Clare :

Assuming there wasn't one you can apply to the court for an Order for the sale of the property so that you can move forward

Clare :

You can either do that with an application within the Divorce Proceedings for what is called "Ancillary Relief" - basically dealing with the money or within property law using the Trusts of Land and Appointment of Trustees Act.

Clare :

either way you can start out by asking for a 50% share of the CURRENT equity

Clare :

As a starting point a formal letter to your ex telling him that you will indeed make such an application unless you are released from the mortgage within the next two months may well solve the problem - especially if you say that you will then claim 50% of the equity

Clare :

can I help you further?

JACUSTOMER-ots4ymga- : I'm just trying it get though to Edmonton county council but thank you for your help
Clare :

You are most welcome

JACUSTOMER-ots4ymga- : there was a financial order made by consent of both parties on 12th July 2007.i have ordered a copy.
Clare :

When you have the copy let me know and we can review the wording

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