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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner has been separated from her ex husband for

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My partner has been separated from her ex husband for 5 years. in the divorce paper it clearly state that her partner must make reasonable attempt to remove her of the mortgage as she no longer lives there. she has been keeping everything that comes through the post regarding the mortgage i.e. statements and correspondence. after several telephone conversations with the mortgage company it has become apparent that she is still on the mortgage and liable for payments if they are not made. and no attempt has been made to remove her from it. we are not able to get a new mortgage because of this and is now effecting our lives in a negative way.
the mortgage is an interest only mortgage which also means that when the term is up my partner is liable for £75,000.
what do we do please to sort this.
very frustrated Adam
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Decree Absolute?
What is the specific wording of the Court order regarding the house?
Are there any minor children living at the property?
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.

Hi Clare

Please see attached

Sorry its in this format

There are his partners children living in the house all aged 14 and above.

Hope this helps

Has she asked her ex what steps he has taken to remortgage?
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.

They dont really speak, she did ask her solicitor to contact him and they just wrote a letter to his solicitor asking them to remind him of this matter. no more was heard.

Its an interest only mortgage with £150k mortgage. we are unaware as to its current value, but he owes £170k in debts and there is a £10k charge on the house now too.

Customer: replied 2 years ago.

the decree absolute was February 2010

I am afraid that the Order is clear and all her ex has to do is try and obtain her release from the mortgage at least once a year.
Your partner can write and ask for evidence of this once a year but apart from that I am afraid that she must remain on the mortgage indefinitely
However if her ex should default on the mortgage she can recover and funds she has to pay out from her ex.
In addition at the end of the term the house has to be sold and the mortgage paid - she will not be in anyway liable.
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

If he hasn't tried or cannot provide proof that he has, is there anything we can do from there.

If he doe snot make an annual attempt form now on your partner can then apply to the court for an Order for Sale based on the breach of his undertaking
Customer: replied 2 years ago.

what about the last 5 years?

I am afraid that will not be relevant - the court will be content if he tries now
Customer: replied 2 years ago.

sorry to keep on i will give you excellent by the way

but surely he should have made reasonable attempt from the date of the documents.

Oh he should have done - but the court will not take action on that if he does it now
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