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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 8325
Experience:  Barrister at Self Employed
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I have been stuck on my ex husband's mortgage for 14 years.

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Hi i have been stuck on my ex husband's mortgage for 14 years. I'm not on the title deeds and both of us are remarried. I am unable to get a mortgage with my husband on our property. I have been going around in circles and I now want to force the sale of the property as he isn't engaging, I advised in April that I needed him to sort out the mortgage he was copying me into emails with the nation wide, but I know he is waiting for this year's accounts for his company in order to progress his application to remove me from the mortgage and I assume to take out a new one. As currently it's an interest only mortgage and the balance will be due in 2029. He has stopped replying with updates and my worry is he is just going to carry on waiting this out. They got £140,000 in inheritance two years ago and have added a massive extension to the house. So it's very frustrating to not be able to move on with my life. I need to come off the mortgage this year as I am buying my parents property. Can I apply to the court to force the sale. I think 14 years is a fairly patient amount of time! Thanks for your help Nicola
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the property located?
Customer: Middlewich
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The reason I am not on the title deeds is due to me having to go bankrupt in 2010 following our divorce.

Good evening.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Can you confirm for me if you had a financial remedy order at the time of your divorce and if so what this said about the property that you remain on the mortgage for?

Customer: replied 17 days ago.
Ok so unfortunately not, we were in the process of drawing it up in 2010 however my solicitor sent out a letter without my consent regarding his partner, which turned the situation into a nightmare. They sent a retraction letter and an apology but they then refused to sign and I was sent some awful daily emails, which resulted in my bankruptcy. The bankruptcy meant that the title deeds where sold to him for £250. Unfortunately I became very unwell from the whole experience. I don't really want to go through the financial consent order again. I don't want anything from him and vice versa I just want to be removed from the mortgage. He has said that the Nation wide are refusing to remove me from the mortgage due to the short amount of time left and that he isn't able to produce anything to pay the mortgage off £135,000 in 2029. He has said he will speak to a financial advisor to see if he can remortgage. The difficulty is he also got cancer in 2018, he is in remission but I am concerned that it won't be straight forward. They advised me in 2019 that it doesn't suit them to take my name off the mortgage and if I wanted to do that I have to pay them £15,000. Sorry I realise this is alot of information. I just don't want to have to go back to the beginning as that's going to take alot of time as they purposely sit on stuff and refuse to respond. Thanks for your help.

Thank you for that information.

As you have stated that you have remarried, you are now statute barred from applying to court for a financial remedy order in any case, so that ship has effectively sailed - you won't be able to go through that again even if you wanted to.

It's highly unusual that you have come off the deeds but remained on the mortgage.

I assume that the property is worth considerably more now, given the amount of work that has been carried out? Therefore the mortgage to value ratio will be much lower than previously, surely making a remortgage an attractive possibility. He really should get off interest only too, even if he has to extend the term to pay off the capital, as otherwise he simply faces a sale when he can't fund the capital lump sum. Any financial advisor should be telling him this, I would have thought.

The demand for £15k is not reasonable, you should not have to pay to come off the mortgage.

An application to court for a sale is a possibility, but it can be both very costly and lengthy to go down this route (outside of divorce proceedings that is) as it becomes a trusts law issue. Trusts law applications are one of the few remaining areas where acting as a litigant in person is nearly always a disaster I'm afraid, so you'd need a lawyer.

I would genuinely suggest mediation as a starting point. Your 'ask' is perfectly reasonable. You could, if you succeed in court, end up forcing him to sell the house. If he realises this and is told this from a recognised professional, I would be more confident in him coming to a reasonable conclusion.

I hope that this assists today?

Customer: replied 17 days ago.
Thank you so much, really appreciate your advice. And yes everyone I have spoken to has said this is an unbelievable situation. I have taken it as far as I can with the nation wide, ombudsman and MP also. As I do find it ridiculous that the Nationwide aren't able to see that I haven't contributed for 14 years. Anyway, thank you again for your help. Kind regards Nicola

Very happy to have been able to help, in whatever small way.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

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