What happens if he dies?

charli_lennon

Hi All,

I left my ex a few years ago and we got a court agreement drawn up that he would pay me half the equity of the two houses we owned together over a period of time and once the last installment had been made he would remove me off the mortgage.

Well the stupid bloke has been lying about his income so that he doesn't have to pay maintenance and so can't remortgage and take me off. I want to be taken off asap as me having two mortgages is a worry - what if he stops paying them?

Also the deeds that we have mean that if I die it goes to him and if he dies it comes to me, he now has another family with another woman, what if he dies will the house still go to me?

How can I get taken off? I've thought about alerting the mortgage company that "he has no income" so that hopefully they would make him go through the application process again and he would fail but would they make him do that if he's paying the mortgage each month?

Many Thanks

Caroline73_2

charli_lennon wrote: »

Hi All,

I left my ex a few years ago and we got a court agreement drawn up that he would pay me half the equity of the two houses we owned together over a period of time and once the last installment had been made he would remove me off the mortgage.

Well the stupid bloke has been lying about his income so that he doesn't have to pay maintenance and so can't remortgage and take me off. I want to be taken off asap as me having two mortgages is a worry - what if he stops paying them?

Also the deeds that we have mean that if I die it goes to him and if he dies it comes to me, he now has another family with another woman, what if he dies will the house still go to me?

How can I get taken off? I've thought about alerting the mortgage company that "he has no income" so that hopefully they would make him go through the application process again and he would fail but would they make him do that if he's paying the mortgage each month?

Many Thanks

I don't understand what the problem is with you both being on the mortgage. Why do you want him off it if he is still paying?

charli_lennon

Because I'm remarried, I would like to be on the mortgage with my husband at the house I actually live in. My ex is an absolute nightmare with money and of course is lying to all and sundry about earning a living -possibility of not being able to pay the mortgage in the future.

Also as I am this mortgage I can't get any credit as they take into account the mortgage I don't pay for.

Caroline73_2

Oh that makes sense now as your circumstances have changed. If you owned two houses together he can only be living in one so could you sell the other?

charli_lennon

He has no income at all (well he does but he doesn't declare it) so even if he sold one of the houses he wouldn't be able to remortgage still.

Thrugelmir

Suggest you return to court as your ex is in default of your agreement.

we got a court agreement drawn up that he would pay me half the equity of the two houses we owned together over a period of time and once the last installment had been made he would remove me off the mortgage.

charli_lennon

The reason I've not gone back to court is that its going to cost me more money. All I want is to be off the mortgages, I have spoken to the mortgage company who have advised that unless my ex defaults they are not interested. If I did go to court more than likely they would force the sale of one of the houses but not the other as him and his family live there.

If he defaults the mortgage company will come after me. In a couple of years time we plan to buy a bigger house where I will need to go on the mortgage yet if I'm still on those mortgages I won't be able to. I thinkif he dies as we are tenants in common the house would go to me but that would mean that I would then have to sell the houses fast as I can't afford the mortgages, I would then most likely run into problems as his girlfriend and children live there.

loubel

I think it's important that you go back to your matrimonial solicitor to enforce your court order - assuming he has paid you for your equity already. Better to spend a little more money now to get it over and done with.