How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34908
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Type Your Property Law Question Here...
Clare is online now

I live with my partner of 2 years. The house is in his name

This answer was rated:

I live with my partner of 2 years. The house is in his name with his ex-wife. She is also on the deeds. The mortgage is a let-to-buy mortgage. 3 things: 1) how easy/difficult will it be to remove her from the mortgage? 2) How easy will it be to change the mortgage from a let-to-buy to a normal mortgage (we obviously expect there to be a cost) and 3) What rights do I currently have, if any, or am I just a "tenant"? I currently pay half the mortgage.

We fully intend on getting married at some stage but the ex wife has started asking questions about the mortgage etc and policies and we expect her to be as greedy as she can be and not "let go" of the mortgage etc? The situation we are aiming for is the mortgage to be a normal mortgage in our names.
Has there been a final financial settlement within his divorce proceedings dealing with the division of the assets?
Customer: replied 5 years ago.
My partner and I are both at work but we will go over the paperwork tonight and let you know. Is there anything in particular we should be looking for? He has now been told that, as we are living there with a buy to let mortgage, that is better than a normal mortgage and renting it out, therefore, it may be cheaper to leave things as they are? That's fine but it doesn't address removing her from the mortgage.
When was his Decree Absolute and what did they agree about the finances?
Customer: replied 5 years ago.
I will get the details tonight and respond to you tomorrow. Thank you so far.
That's fine - just add here when you are ready
Customer: replied 5 years ago.

Hi Claire,


Sorry for the delay. Hopefully this is what you need:


Date of Decree Absolute - 18th February 2010.

One of the points on the Ancillary Relief Order Form is as follows:

"The Petitioner Wife do transfer to the Respondent Husband within 28 days of the date of final Decree herein all her legal estate and beneficial interest in the property at 112 London Road, Rayleigh, Essex SS6 9JA subject to the mortgage secured thereon in favour of The Mortgage Works."


The next point says the same but in reverse for her address and she soon removed Mr Bridges from her Deeds.


She is still on his Deeds and his mortgage. He is just on her mortgage. She has never paid his mortgage but he pays hers as well as ours (with me).


Apparently he tried to get her off his mortgage shortly after the divorce but it was not possible as his salary was not enough to get one on his own but he is on her mortgage too?? Hopefully we can get one together but I have a discharged bankruptcy that will be 6 years old in March.


What can we do to move forward as a couple?


Many thanks.



Was he actually ordered to pay her mortgage?
Customer: replied 5 years ago.

Sorry - I've just asked him he doesn't pay it anymore. It was monthly but she has taken it over now.

When did he last check to see if he could get her released from his mortgage?
Customer: replied 5 years ago.

Shortly after the Absolute.

In that case the starting point is to try again now and see if he can release his ex - and possibly add you.
His ex has no further claim on the property - but she could insist that the house is sold if she cannot be released from the mortgage - although she will get none of the proceeds of sale
She cannot refuse to transfer the property if she is released from the mortgage.