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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Myself and my ex husband own a property together, I want to

Customer Question

Myself and my ex husband own a property together, I want to take my name off as I am looking to buy another property. He says as it was 5 months ago since he asked the building society to remove my name he will have to wait til the end of November before asking again.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how long were you married?
- when were you divorced?
- did you obtain an order in respect of the matrimonial finances?
Kind Regards
Caroline
Customer: replied 1 year ago.

Married 21 years .

Separated 7 years and divorced 3 years ago

Didn't receive an order

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for this.
Can you tell me:
- have you remarried?
- what is the equity in the property?
Kind regards
Caroline
Customer: replied 1 year ago.

I haven't remarried.

The property was on interest only mortgage and there is no equity in it

Expert:  ukfamilysolicitor replied 1 year ago.
Ok
Sorry - one more question - do you think that there are any other matrimonial assets? Pensions?
Also does your ex have any minor children living with him?
Kind Regards
Caroline
Customer: replied 1 year ago.

No to both those questions.

By the way he is remarrying next month.

I was declared bankrupt 5 years ago through a busines loan with him

I'm worried about my name still being on the mortgage in case he has the property repossessed in the future.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your responses.
You are right to be concerned. As you are named on the mortgage - if there was a default then they could chase you for the full amount of the shortfall.
The difficulty is that your mortgage contract with the mortgage company is legally binding and they don't like giving up the right to chase both of you. The mortgage company might sometimes agree to remove you after a period of time when your ex proves he can pay on his own or possibly with the assistance of his new wife to be.
As you have not remarried - you can still make a claim to the family court in respect of the matrimonial finances.
You may agree to not make a claim - and if this is the case then you should lodge a clean break order with the court - confirming that neither or you can make a claim in the future. You can include in this order that your ex should indemnify you - in the event there is a shortfall in the mortgage. This means that if you have to pay anything to the mortgage company then you can sue him for the money back. Whilst this offers some protection - you have to be aware that if he doesn't pay the mortgage then he is unlikely to have money to pay you back if you sue him.
It also doesn't solve the problem of you still being named on the mortgage company. The court cannot make an order that the mortgage is transferred into his sole name - as the third party mortgage company as simply not bound by any such order.
If you can't get your name of the mortgage and this stops you purchasing a new property - you are going to have to make a matrimonial claim to the court - asking for the house to be sold. As once the house is sold and the mortgage satisfied - you will no longer be liable.
You can't make an application to the court for a financial order until you have attempted mediation first - so your first step to resolution is going to be referring this matter to mediation. There are lots of meditation services and there will be one local to you. One such national service is www.nfm.org.uk
Kind Regards
Caroline
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Customer: replied 1 year ago.

No to both those questions.

By the way he is remarrying next month.

I was declared bankrupt 5 years ago through a busines loan with him

I'm worried about my name still being on the mortgage in case he has the property repossessed in the future.

Expert:  ukfamilysolicitor replied 1 year ago.
Thank you for your positive feedback.
Please do not hesitate to ask if I can assist in the future

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