How can I get my ex husband off my mortgage and my property?

Beeniejane

I divorced from my husband nearly 3 years ago as he was abusive and violent. He was very rarely in work and I paid the mortgage on my own for the majority of the time we were together. There is not a lot of equity in the house (probably about £30,000) and he has paid nothing more towards it since moving out 3 years ago.

My current mortgage company will not let me put the mortgage in my sole name and I want to try and get a mortgage in mine and my partner's names but I have no idea how to go about getting his name off the property.

My biggest problem has been his constant running up of debts and since leaving the house he has failed to keep up repayments on various loans and credit cards and these companies have now sort security for the debts against the property that me and the children are living in! I have no idea what I can do about this. They are not my debts but they are secured against my house.

After paying legal fees for my divorce, I do not have the money to employ a solicitor, I've been told this might cost between £5,000 and £10,000. He was ordered to pay back all my divorce costs when our divorce was granted, and he has never done this either. Apparently I have to take him to court again to enforce this.

I just want his name off the house and to remortgage with my partner. My credit rating is not at all good, thanks to my ex husbands efforts, but my partner's credit rating is excellent and he earns a high salary.

Bit long winded, but can anyone advise me as I am now desperate!

VIGILANT22

If yr credit rating is impaired it is highly unlikely you would qualify for a new mortgage. Also if you applied jointly yr impaired would have an effect on yr partner. If you have charges against the property they would have to be paid off....

What was the decision on the property when the divorce came thru?

Cannon_Fodder

"My house" ?

Until his name is off it, it is his house too. You married him. Giving him rights.

While you have poor credit history, and residual financial ties to your ex, its probably not a good idea for your new partner to enter into any financial ties with you, directly.

Get your partner to buy the house ? The £30k he would give you for the equity can clear your debts, employ a solicitor to pursue what you are owed etc. Subject to what the divorce said, if anything, about such proceeds.

Then let some time pass, so the credit history improves. Then go halves if you are still with the new partner.

CLAPTON

is he willing to have his name removed from the deeds and hence give up the ownership of the house?
is he willing to walk away from the 30k equity?

moonboy

Sadly you can't just take his name off the mortgage, you will need to be reassessed for the borrowing, even though you are clearly making the payments on our own currently, for lending purposes this doesn't count. You can either carry on as you are or look to sell and consider a property requiring mortgage that you may qualify for. Why not rent for a while? Good luck.

Dan_1976

I think you should go a speak to your lender, the manager or senior staff member and discuss you case in detail. If you dont ask you wont get.

Your other half will need to sign off from the property and walk away unless you and your new partner can pay him off, even if he should get nothing IMHO!

Times have changed and it is a case of computer says no! However, from a lenders point of view you are lowering the risk of defaulting on this mortgage as your new partner earns and has a good history!

Get lots of legal help and advice before you start paying anything out though.

Also what happened with the divorse?