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SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 5978
Experience:  LLB (Hons)
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How can I remove my name from a mortgage the is solely in my

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How can I remove my name from a mortgage the is solely in my name and the court has awarded the property to my exwife
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have asked the lender and they said that they cannot transfer the mortgage to her, that she has to remortgage
JA: Where is the property located?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's been 5 years now and she is behind on the payment

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear in my next response. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response.

JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Did the court order specify how and what was to happen to the mortgage?

I.e. did it specify that she would get a mortgage herself?

Customer: replied 7 days ago.
The court said that she is to have the house

The order would have said far more than that. Can you attach a copy, it will be easier for me to read it for myself.

Customer: replied 7 days ago.
Not for £44, I think I have given enough information for you to be able to answer my question
Customer: replied 7 days ago.
The court order said that I should do everything possible to transfer the mortgage to her name

I don't see how you can do everything possible to transfer it into her name, SHE has to be the one to do everything possible to transfer it into her name.

All you can do is ask her to get a mortgage of her own, and if that doesn't happen, then you'll have to refer to the court order to see what the alternatives were.

I don't make calls as clearly stated in my first response above.

Can I clarify anything for you?

Customer: replied 7 days ago.
Is there so where I can read up about this

It's a matter of the content of your order.  That's what you need to read in order to determine exactly what it says.  The vast majority of orders will give clauses stating what to do if A B or C occurs, or doesn't occur.  If it doesn't contain such clauses, then you'd have to reapply to court for a new decision to be made.

Customer: replied 7 days ago.
On the order it just say that I undertaken and agreeing to use my best endeavour to procure the transfer of the house to my exwife and for her to use her best endeavour to procure my release from the covenant of the mortgage

Then you'll need to apply to court for clarity now that hasn't occurred.

SASH_Law and other Property Law Specialists are ready to help you

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading, or, once you have rated this question you will be able to add me as a favourite expert from your membership page. When you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law. 

All the best!