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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11423
Experience:  30 years as a practising solicitor.
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Ive recently got divorced & at the time was advised by my

Customer Question

I've recently got divorced & at the time was advised by my solicitor that I would have to stay on the joint mortgage but be taken off the house deeds. I have since been informed this is not a good situation to be in. Any advice on how I can rectify this please?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You should not remain liable for a mortgage on a house that you no longer own. Has this actually happened.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
Yes, my ex husband owns the house, I got bought out when we divorced, part of the conditions of the divorce was for him to look into taking me off the mortgage & for my name to be taken off the deeds. He has apparently tried to take me off the mortgage but has been unable too (the bank wouldn't give him one in his sole name). I'm now in the situation where I'm still classed as liable for the mortgage but have no other rights because I don't own the home.
I really would like to know if there is something I can do about it as I wish to buy my own property but am unable too because of the tie to the previous mortgage.
Expert:  JGM replied 3 years ago.
I presume you are still an owner of the house? It sounds to me that you both entered into an agreement which could not be implemented because he can't get a mortgage in his own name. That being the case he is in breach of contract and you could apply to have the agreement varied on the basis there has been a change of circumstances.

You might have to ask the court to order a sale of the house to allow you to move on and buy a house of your own.

Many separation agreements make provision for the scenario where a party cannot get a mortgage, such as providing for the sale of the house. It is a pity those advising your husband didn't foresee the possibility that he might not get a mortgage in his own name.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
No I no longer own the home, I was taken off the title deeds as that was a condition of the divorce. I just don't understand how or why I should still be liable for the mortgage. The lender at the time was also happy for me to transfer the property to him. Is there anything I can do. The legal document from the court states "for him to do his best endeavours to remove my name". I'm very concerned for my future prospects.
Expert:  JGM replied 3 years ago.
That's not the best worded agreement I've seen. If you go to court he will say that he has used his best endeavours. At the moment I think you have a problem if this is what you have agreed to. I don't think there is any way out of this.

Some agreements would provide for a sale in th event he didn't get funding within a specified period, typically six months. If your agreement doesn't say that then I can't unfortunately suggest another way of proceeding.