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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife and I have a joint mortgage which she now pays

Customer Question

Hi, my ex wife and I have a joint mortgage which she now pays as I left the property however we are both on the deeds still, I dont wish to make a claim against the house but I do use garage as storage what rights do I have as far as access to garage and what she can do to remove my stuff? Thk u
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Decree Absolute and when will you be released from the mortgage?
Customer: replied 1 year ago.
Off top of my head not 100% sure but think it was around Oct -Nov 2015. As for mortgage she is trying to take me off now but wants me off deeds. To do it
Customer: replied 1 year ago.
My concern is as soon as I sign over deed I lose any right what so ever if I have any
Customer: replied 1 year ago.
Sorry another question, can I stay on deeds if I'm removed from mortgage
Expert:  Clare replied 1 year ago.
When can you clear the garage?
Customer: replied 1 year ago.
Well we agreed after I walked out that I could store my stuff until I could get a place of my own or storage for it. That was four years ago so I know it's a little over due, bit only place I could afford was a flat, I paid more than I could have purely to get two bedrooms so when I have my daughters they have a room but it's not big enough for storing what I have there. Only way I could clear it at min and soon would be to sell off most of the stuff, keep some and dump rest.
Customer: replied 1 year ago.
Just realised I put 2015 for divorce it should been 2014
Expert:  Clare replied 1 year ago.
That makes a little more sense as I thought it was very soon for this to have become a major issueHave you considered self storage places?
Customer: replied 1 year ago.
I can't afford rent, bills and self storage. What rights do I have to garage as it is separate from house?
Expert:  Clare replied 1 year ago.
I am afraid that the garage is part of the house and once your name is ***** ***** the mortgage you will not longer be a joint owner and will no longer be entitled to access to the garage UNLESS your ex agrees.Accordingly if she does not agree that you can continue to use the garage then you cannot be released from the mortgage - and of course your ex is going to have to apply to the co urt if she wished to claim the house (and garage) for herself.I hope that this is of assistance to you - please ask if you need further detailsClare
Customer: replied 1 year ago.
Ok so what about deeds? I'm on deeds but presume that will change if removed from mortgage?
Expert:  Clare replied 1 year ago.
I am afraid that removing you from the mortgage means transferring the house into her sole name - so the deeds will change and you will no longer be an owner of the property
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thk u very much for your help
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope you are able to negotiate a resolution
Clare