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Hi, thanks for the question. I’m Chris and I’m a Solicitor in litigation/family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.
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You can only take his name off the land deeds if you can get a mortgage in your sole name. Therefore, because the mortgage will be in joint names, the land deeds shall have to remain in joint names as well.
Usually the agreement will indicate that you will use your best endeavours to release him from the mortgage in due course (remortgaging into your sole name). You will usually also include an indemnity for your ex-husband. This would mean that if the mortgage payments are not made for any reason and the mortgage company came after your ex husband (because he still registered with them) then your ex-husband could make a claim against you for anything he has to pay to the mortgage company.
I hope that I have answered your question? Simply reply back if you require additional information and I will be happy to help with any follow up questions. Thank you and I wish you all the best and hope the matter gets resolved.