Removing my Wife from the Convenant

asa_szura

My ex-wife left over 2 years ago and I have been paying the mortgage without any areas for the last 18 months. I have tried to remove my ex from the mortgage but Halifax refuse to remove her from the covenant. My mortgage deal ends in February and I go onto the variable rate. Halifax will not give me another deal as sole owner because they say I can’t afford it. But I have been paying the mortgage and I have several lenders willing to offer me a new mortgage. So why won’t they remove her and where do I stand legally as without a new deal I may end up being repossessed? Unless I go with a new lender, but then I have all the fees to pay.

VIGILANT22

They are assessing your affordability based on your income, as all lenders do.
Your wife also has to agree to be removed. However I find it odd she is your ex wife but still on the mortgage?...Did the solicitor not deal with seperation of assets at time of divorce?
You really need to seek legal advice
In the meantime carry on paying the motgage as normal

LadyLawyer

I presume the property was transferred into your name with the consent of the existing lender but with the proviso you both remained liable under the original mortgage deed (which contains the covenants you referred ot above) OR the property is still in joint names as neither of you was in a position to buy each other out at the point of your divorce. What does the consent order say from when you divorced? There may be provisions in there you are not aware of in their fullness.

The post above is correct, you have to keep paying the mortgage regardless. I guess it depends on what is going to cost you the least money - but check your divorce papers first.