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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I live with my partner of 2 years. The house is in his name

Customer Question

I live with my partner of 2 years. The house is in his name with his ex-wife. She is also on the deeds. The mortgage is a let-to-buy mortgage. 3 things: 1) how easy/difficult will it be to remove her from the mortgage? 2) How easy will it be to change the mortgage from a let-to-buy to a normal mortgage (we obviously expect there to be a cost) and 3) What rights do I currently have, if any, or am I just a "tenant"? I currently pay half the mortgage.

We fully intend on getting married at some stage but the ex wife has started asking questions about the mortgage etc and policies and we expect her to be as greedy as she can be and not "let go" of the mortgage etc? The situation we are aiming for is the mortgage to be a normal mortgage in our names.
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Has there been a final financial settlement within his divorce proceedings dealing with the division of the assets?
Claire
Customer: replied 3 years ago.
My partner and I are both at work but we will go over the paperwork tonight and let you know. Is there anything in particular we should be looking for? He has now been told that, as we are living there with a buy to let mortgage, that is better than a normal mortgage and renting it out, therefore, it may be cheaper to leave things as they are? That's fine but it doesn't address removing her from the mortgage.
Expert:  Clare replied 3 years ago.
Hi
When was his Decree Absolute and what did they agree about the finances?
Claire
Customer: replied 3 years ago.
I will get the details tonight and respond to you tomorrow. Thank you so far.
Expert:  Clare replied 3 years ago.
Hi
That's fine - just add here when you are ready
Claire
Customer: replied 3 years ago.

Hi Claire,


 


Sorry for the delay. Hopefully this is what you need:


 


Date of Decree Absolute - 18th February 2010.


One of the points on the Ancillary Relief Order Form is as follows:


"The Petitioner Wife do transfer to the Respondent Husband within 28 days of the date of final Decree herein all her legal estate and beneficial interest in the property at 112 London Road, Rayleigh, Essex SS6 9JA subject to the mortgage secured thereon in favour of The Mortgage Works."


 


The next point says the same but in reverse for her address and she soon removed Mr Bridges from her Deeds.


 


She is still on his Deeds and his mortgage. He is just on her mortgage. She has never paid his mortgage but he pays hers as well as ours (with me).


 


Apparently he tried to get her off his mortgage shortly after the divorce but it was not possible as his salary was not enough to get one on his own but he is on her mortgage too?? Hopefully we can get one together but I have a discharged bankruptcy that will be 6 years old in March.


 


What can we do to move forward as a couple?


 


Many thanks.


 


Lee

Expert:  Clare replied 3 years ago.
Hi
Was he actually ordered to pay her mortgage?
Claire
Customer: replied 3 years ago.

Sorry - I've just asked him he doesn't pay it anymore. It was monthly but she has taken it over now.

Expert:  Clare replied 3 years ago.
Hi
When did he last check to see if he could get her released from his mortgage?
Claire
Customer: replied 3 years ago.


Shortly after the Absolute.

Expert:  Clare replied 3 years ago.
Hi
In that case the starting point is to try again now and see if he can release his ex - and possibly add you.
His ex has no further claim on the property - but she could insist that the house is sold if she cannot be released from the mortgage - although she will get none of the proceeds of sale
She cannot refuse to transfer the property if she is released from the mortgage.
Claire

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