How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I was divorced in January under Scots law and with a jointly

Resolved Question:

Hi I was divorced in January under Scots law and with a jointly prepared settlement agreement. I have two kids aged 16 and 14. We agreed Maintainance, I signed over the matrimonial home to me ex-wife. There is an amount of GBP 15K which is being earmarked on my pension, however I remain on the mortgage for the matrimonial home, which has increased in the last 6 months, and I remain on the associate life cover.
I want to take steps to remove me from the mortgage and life cover and eliminate any joint liability. Our agree,net that was submitted as part of the divorce includes the signing over of the mortgage, but I need to understand if that is legally binding. I want to ensure that if anything happens to me in the coming weeks that my ex wife does not benefit and the mortgage gets repaid...Can you advise
Submitted: 12 months ago.
Category: Law
Expert:  JGM replied 12 months ago.

Can you upload the agreement please.

Customer: replied 12 months ago.
attached below
Expert:  JGM replied 12 months ago.

Thank you. The agreement says that the house will be signed over from joint names into that of your wife and that the mortgage would be varied or discharged. The two go hand in hand so I presume no conveyancing steps have been taken yet as the lender would have to agree to the transfer OR alternatively your wife would need a new offer of loan so as to discharge the first loan. As things stand at present, were anything to happen to you, the lender would look to both of you to repay the mortgage because the current position is that you are jointly liable for the mortgage. In passing I would also comment that your agreement appears to be home made and not really suitable. For example there is no clause to say that you have both taken legal advice, so it could be challenged on that ground alone. In addition you appear to have attempted to provide for a £15000 pension share but there is no schedule attached to the agreement under the pension sharing regulations (The Pensions on Divorce etc. (Pension Sharing)(Scotland) Regulations 2000) and if no advance notice has been given to the pension company before the agreement was entered into and within the statutory period after decree of divorce is granted, the pension sharing arrangement is null and void. I do hope decree of divorce has not been granted here because if it has there is a problem. I suggest that each of you goes to see a solicitor to see what can be done about this.

JGM and other Law Specialists are ready to help you
Customer: replied 12 months ago.
The agreement was made without legal representation however lawyers subsequently reviewed the document and affidavits and submitted the petition that granted the divorce. Thank you for the clarification on the mortgage point, i will look to bring that to closure with my ex-wife.