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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7042
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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AS part of the divorce settlement my ex-husband was meant to

Customer Question

AS part of the divorce settlement my ex-husband was meant to remove my name from three joint mortgages. He hasn't yet done so and now I am struggling to get a mortgage in my own right due to still being on two of the mortgages.
Where do I stand in terms of forcing him to take my name off the mortgages?
Submitted: 4 years ago.
Category: Law
Expert:  Michael Holly replied 4 years ago.

When the courts make these orders they are aware that they cannot force the mortgage companies to remove your name because the mortgage companies are not part of the proceedings and cannot be bound by the order.As such what your husband has to do is use his best endeavours to get your name removed from these mortgages and as such the question is whether he has done that.

Since you are still on the mortgages there is no reason why you cannot check the position direct with the mortgage company involved.

Then I would ask prospective lenders what they need in order to be satisfied that you are not liable under these mortgages. It might be that a copy of the order and an indemnity from your ex husband will be sufficient.

If lenders still take the view that they will not lend you money then you can apply for the sale of the property with your ex husband receiving the proceeds. If you threaten this he may be more pro active about trying to find a solution.

I hope this helps. If there are any further points please reply.

Best wishes

Yours sincerely