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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have been divorced for four years. My ex husband still lives

Customer Question

I have been divorced for four years. My ex husband still lives in the marital home with my two children. Two years ago I was removed from the deeds and a consent order was issued for him to "use his best endeavours" to release me from the mortgage, which I have not contributed towards since I left the home four years ago.
He is a self employed heating engineer and has a lifestyle inconsistent with his declared income. I would now like to buy my own home but am unable to do so whilst still on this mortgage, but he says he cant do anything about it as his "declared" income will not allow him to borrow the £230K mortgage alone. He has now moved his girlfriend, daughter and her boyfriend into this house. The girlfriend has a house of her own which they have rented out. Do I now have a more solid case to be removed from this mortgage? I dont want to go to court without a firm chance of success as this has already cost me thousands of pounds. thank you Julie
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Do you have a specific question?
Customer: replied 5 years ago.

Site says you are waiting on my reply, I cant see any question? sorry

Customer: replied 5 years ago.

I want to be released from the mortgage as soon as possible. Does the change in circumstances ie: moving his girlfriend and her family in and her having her own home, have any impact on my case should I return to court?

Expert:  James Mather replied 5 years ago.

Even the court cannot order a lender to remove you from the mortgage. You
can be removed from the deeds by court order.

He was ordered to use "best endeavours" and you can drag him back to court
to ask him to prove to the court what endeavours he has made to either remove
you from the mortgage or to remortgage with another lender.

If his income is not consistent with his lifestyle than you might suggest
to him that this is something that the Inland Revenue might be interested in, if
he does not get his backside into gear and get a mortgage or remove you.

There is no reason why you cannot have a mortgage in addition to this one
provided you let the new lender have details of the court order. In that
respect, I suggest you contact an independent mortgage broker rather than walk
through the door of a high Street lender who is likely to just say you don't
fit the criteria without even investigating.

Moving his girlfriend in simply means that he potentially has another
income that would supplement his with regard to applying either for another
mortgage in their joint names or removing you and putting her on. However, he
cannot be made to put her on and she cannot be made to go on it.

As he has moved his girlfriend in there is a possibility that she can put
pressure on him because she really will not like the house still being in joint
names with you

I appreciate that this is not the answer you wanted but there is no point in
me misleading you.

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Expert:  Clare replied 5 years ago.
The fact that he has move his girlfriend in and that she has a property of her own is indeed useful as it s will be hard for him to show that he has not used his "best endeavours" to procure your release.
No one can give you a cast iron guarantee as to the outcome of a court application - but the circumstances that you have described give you a good chance - although I would wait until they have lived together for at least six months.
You can do the application yourself if you wish to save money
Expert:  James Mather replied 5 years ago.

My colleague gives useful advice, unfortunately, if his income isn't sufficient for mortgage purposes, it isn't sufficient! and it doesn't matter what endeavours he uses or who lives with him, he will not get that mortgage.

It comes down to him actually submitting applications to lenders and showing he was turned down