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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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I have a mortgage jointly with my ex husband. We have been

Customer Question

I have a mortgage jointly with my ex husband. We have been separates for 3 years but not divorced yet. I want his name removed from the mortgage and he is agreeing to this he wants no money from property and I will remain here with the kids. My mortgage lender won't take his name off and give me sole ownership as there were arrears on mortgage before and I'm on benefits. The account is up to date and I'm able to afford the payments no problem. How else an I get his name off?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

If the existing lender won't allow you to take on the property and the mortgage on your own, you will have to approach another lender and ask them to remortgage you on the basis that the title is being transferred to your sole name. That is the only other option. If you can't get another loan then all you can do is enter into a formal legal agreement with your husband that the pretty will remain in joint names but you will be responsible for the mortgage and as and when the property is sold he will cooperate with the sale and that you will get the proceeds. That is not ideal if he is looking for another place to buy but that is the position. I hope that helps. Please leave a positive rating so that I am credited for my time.