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Clare, Solicitor
Category: Law
Satisfied Customers: 33892
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a joint mortgage. my ex husband left the house 10

Customer Question

I have a joint mortgage. my ex husband left the house 10 years ago. at the time left me with debt & a CCJ. it took me 2 years to clear off the debt etc. 6 years to get rid of the CCJ. At the time of divorce (6 years ago) i couldn't remortgage to get him off the Mortgage because of the CCJ. & my credit rating was poor.
We have visited the idea that i remortgage since then, been through everything, (i have had to pay all cost) there is a second mortgage attached to the property, again in joint names. The initial mortgage company agreed to remortgage but the 2nd mortgage co said they would agree as long as i take the secured debt soley in my name. this was at a higher interest rate. I felt that it wasn't right for me. At the same time my ex husband wouldn't even sign any relevant papers, which was costing me money every time i had to send the papers again.
The last discussion i had with my ex was that he suggested we just sell the property & walk away with our respective shares. He hasn't paid a penny towards the mortgage or the second mortgage since he left. Extremely unfair!!
My first question would be. How do i remove him from Both the mortgages without having to re-mortgage?
My Second question would be. Can I ask the court to have him ordered off both the mortgages?
My third question would be. If i had to agree to sell the house & give him (his perceived 50% share of the property) am i within my rights to send him an invoice for 50% share of all accounts in joint names that he has never contributed to in 10 years... I have paid everything on time to protect my financial credit rating. an invoice for 50% of all the renovations that i have had done to put the property at todays market value?
Ms D Lloyd
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

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

When was the Decree Absolute?

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

What debts did you pay off?

Do you have any children?

Have you remarried?

Customer: replied 8 months ago.
Hi Clare,Decree Absolute January 2011
The house is currently worth £125,000 (outstanding approx £70,000)Mortgage arrears, 2nd Mortgage arears, (both joint names)
Joint Tax Credit Claim (still paying off) £20.00 per month
Joint Account - Cleared Overdraught & closed
Council Tax
Gas & Electricity
credit cardsMy son is now 26 years old (so not dependant, although currently lives at home )No not re-married.
Expert:  Clare replied 8 months ago.

How much was the total of the Mortgage Arrears and other joint debts?

Are they repayment or Interest only mortgages?

Customer: replied 8 months ago.
The mortgage / 2nd mortgage arrears were settled approx 9 years ago, all in all i think the debt was approx £4 - 5000. These items are not really my issue now... They are settled. i have paperwork at home that i could dig out, if neededThe 1st mortgage is a repayment tracker mortgage
the 2nd mortgage is secured & is interest bearing... for the duration of the 1st mortgage
Customer: replied 8 months ago.
the mortgage has another 13 years till paid off..
Expert:  Clare replied 8 months ago.

How much have you reduced the Capital by since he left?

Customer: replied 8 months ago.
The 1st Mortgage was originally £95,000.00 outstanding £57,000
the 2nd mortgage was originally £15,000 outstanding £11,500So cleared £41,500
Customer: replied 8 months ago.
We were only married 2005 he lived at the house for just 2 years
Expert:  Clare replied 8 months ago.

Was there a financial order made within the Divorce proceedings?

Customer: replied 8 months ago.
no i don't think so !
Expert:  Clare replied 8 months ago.

How much has he asked for from you?

Customer: replied 8 months ago.
he want 50% of the house / profit
Expert:  Clare replied 8 months ago.

Has he actually said that he will take court action to force the sale?

Customer: replied 8 months ago.
No he's not in contact with me! I'm looking to get him off the mortgages & don't believe I should be giving him anything / payouts has he hasn't contributed for 10 years
Expert:  Clare replied 8 months ago.

For clarity - you do not wish to have to change the current mortgage - is keeping that more important that getting rid of your ex now?

Customer: replied 8 months ago.
The mortgage i have currently is not available anywhere at the rate i currently enjoy. so I would like to keep the existing mortgage, have it transferred into my sole name.. I would consider a new mortgage if it meant getting rid of my ex,
Expert:  Clare replied 8 months ago.


To answer your questions

1. You can only do that if the Mortgage lenders agree

2. Yes since you have not remarried a court order is still an option

3. You can indeed claim credit for any extra value that came from the work that you did and for any debts that you paid off.

More generally the fact is that you have three choices.

If you wish to keep the mortgage as it is you can postpone arguments about his share until the mortgage is no longer the best one available.

Keep careful accounts so you simply do nothing until he actually contacts you


You can take action immediately. You will first have to attend a Mediation Information and Assessment meeting to see if the matter can be agreed - but if not then you can apply to the Family Court using a Form A and paying the fee of £245

The Court will then decide what share you each have BUT will almost certainly order that you pay him his share (such as it might be) immediately and obtain his discharge from the mortgage - which may or may not mean that you can keep your current mortgage


You can arrange the remortgage and see if he will simply accept that he has been released from the mortgage!

Please ask if you need further details

Customer: replied 8 months ago.
if I did remarry how would this affect the situation?
Expert:  Clare replied 8 months ago.

Then you would no longer be able to make an application to the Court which will restrict your options

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