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    • stuomac88
    • By stuomac88 9th Jun 17, 12:53 PM
    • 7Posts
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    stuomac88
    Remarrying & property
    • #1
    • 9th Jun 17, 12:53 PM
    Remarrying & property 9th Jun 17 at 12:53 PM
    Hi all

    I had my first marriage annulled in 2014, and my ex agreed to a consent order in which she relinquished interest in the home which remains mortgaged in joint names, but is paid solely by myself.

    I am remarrying this year, and my question relates to that. I want to sort my will once married and want to leave everything to my new wife. Does it matter that my exes name is still on the mortgage or because I have the consent order can I just state that the property passes to my new wife in the event of my death?

    Cheers guys
    Stu
Page 1
    • Guest101
    • By Guest101 9th Jun 17, 12:56 PM
    • 14,625 Posts
    • 14,349 Thanks
    Guest101
    • #2
    • 9th Jun 17, 12:56 PM
    • #2
    • 9th Jun 17, 12:56 PM
    It's not that simple, how do you own the property?


    Whilst the consent order may be binding, you are using your exes credit to get a mortgage - if she gets legal advice you could come unstuck.


    Best bet is to remortgage asap.
    • stuomac88
    • By stuomac88 9th Jun 17, 1:40 PM
    • 7 Posts
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    stuomac88
    • #3
    • 9th Jun 17, 1:40 PM
    • #3
    • 9th Jun 17, 1:40 PM
    Hi there

    Thanks for your reply.

    The house is mortgaged, she has relinquished all interest in the property via consent order.

    Cheers
    Stu
    • silvercar
    • By silvercar 9th Jun 17, 1:54 PM
    • 35,667 Posts
    • 150,304 Thanks
    silvercar
    • #4
    • 9th Jun 17, 1:54 PM
    • #4
    • 9th Jun 17, 1:54 PM
    Ex could force the sale of the property to get her name off the mortgage. Otherwise you get the situation where wife 2 owns the equity in the property, but wife 1 is resposnsible for paying a mortgage for which she gets no benefit.
    • anna_1977
    • By anna_1977 9th Jun 17, 2:13 PM
    • 575 Posts
    • 799 Thanks
    anna_1977
    • #5
    • 9th Jun 17, 2:13 PM
    • #5
    • 9th Jun 17, 2:13 PM
    Is there anyway you can re-mortgage in just your name or with new wife just to get ex off there.
    • stuomac88
    • By stuomac88 9th Jun 17, 2:15 PM
    • 7 Posts
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    stuomac88
    • #6
    • 9th Jun 17, 2:15 PM
    • #6
    • 9th Jun 17, 2:15 PM
    At the moment no prospect of remortgaging due to financial situation.

    However the consent order only says I need to use best endeavours to have her removed from mortgage which I have done and continue to do. It also indemnifies her...

    Cheers
    Stu
    • antrobus
    • By antrobus 9th Jun 17, 2:19 PM
    • 15,033 Posts
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    antrobus
    • #7
    • 9th Jun 17, 2:19 PM
    • #7
    • 9th Jun 17, 2:19 PM
    ... Does it matter that my exes name is still on the mortgage or because I have the consent order can I just state that the property passes to my new wife in the event of my death?...
    Originally posted by stuomac88
    No. The consent order grants you the property. You can do what you like with it.

    In the circumstances, you might want to approach your mortgage lender with a view to removing your first wife from the mortgage and replacing her with the second wife.

    Ex could force the sale of the property to get her name off the mortgage. ...
    Originally posted by silvercar
    There was a consent order. Normally consent orders require Party A to make their "best endeavours" to remove Party B from the mortgage. So long as Party A has indeed made their "best endeavours" to do so, then it is unlikely that any court would force a sale.

    ..Otherwise you get the situation where wife 2 owns the equity in the property, but wife 1 is resposnsible for paying a mortgage for which she gets no benefit.
    Originally posted by silvercar
    And? Wife 1 has indeed been 'responsible' for paying a mortgage for which she gets no benefit. That's what she agreed to in the consent order.
    • antrobus
    • By antrobus 9th Jun 17, 2:25 PM
    • 15,033 Posts
    • 21,357 Thanks
    antrobus
    • #8
    • 9th Jun 17, 2:25 PM
    • #8
    • 9th Jun 17, 2:25 PM
    ...However the consent order only says I need to use best endeavours to have her removed from mortgage which I have done and continue to do. It also indemnifies her...
    Originally posted by stuomac88
    Standard legal boilerplate.

    It's down to the lender whether or not they wish to release your first wife from the mortgage. All you can do is ask, and take what steps are required (if at all possible) to meet whatever conditions the lender specifies.
    • stuomac88
    • By stuomac88 9th Jun 17, 2:25 PM
    • 7 Posts
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    stuomac88
    • #9
    • 9th Jun 17, 2:25 PM
    • #9
    • 9th Jun 17, 2:25 PM
    Thanks for that, makes more sense to me.

    Thanks everyone for your comments.

    Cheers again
    Stu
    • Guest101
    • By Guest101 9th Jun 17, 2:41 PM
    • 14,625 Posts
    • 14,349 Thanks
    Guest101
    Hi there

    Thanks for your reply.

    The house is mortgaged, she has relinquished all interest in the property via consent order.

    Cheers
    Stu
    Originally posted by stuomac88


    That literally didn't address what I said at all.


    You are using your exes credit to house yourself and your new wife. If she wants her name off the mortgage you will either need to sell or remortgage - why don't you do that now?


    (and save the hassle later of her claiming the consent order is invalid (they often are) and claiming half the house)
    • silvercar
    • By silvercar 9th Jun 17, 5:08 PM
    • 35,667 Posts
    • 150,304 Thanks
    silvercar
    No. The consent order grants you the property. You can do what you like with it.

    In the circumstances, you might want to approach your mortgage lender with a view to removing your first wife from the mortgage and replacing her with the second wife.



    There was a consent order. Normally consent orders require Party A to make their "best endeavours" to remove Party B from the mortgage. So long as Party A has indeed made their "best endeavours" to do so, then it is unlikely that any court would force a sale.



    And? Wife 1 has indeed been 'responsible' for paying a mortgage for which she gets no benefit. That's what she agreed to in the consent order.
    Originally posted by antrobus
    I understand that, but my comment below was made in the unfortunate event of if you passed away:

    Ex could force the sale of the property to get her name off the mortgage. Otherwise you get the situation where wife 2 owns the equity in the property, but wife 1 is resposnsible for paying a mortgage for which she gets no benefit.
    Originally posted by silvercar
    I know it's morbid, but having an ex-wife responsible for a mortgage where the new wife wants to remain, could prove difficult. New wife could be forced to sell up.
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