Ex-Husbands Name on Mortgage

fiftyg

Hi Everyone (Hope this is the correct place to post)

I am writing this on behalf of my mum, and any advice would be appreciated.

My mother divorced her partner about 10 years ago, after what was a very messy divorce. She had very poor representation, and her solicitor at the time told her to offer a 1/3 share. The judge did query this three times and when she said yes the judge stated that she would have accepted giving him only a 10% split! (He lied a lot and was found out)

However, he has not followed any of the rulings. He never provided any maintenance for his children, plus the ruling also stated that he was also to provide a 1/3 share for any works that need to be carried out on the house.

She has tried various times to remove him from the mortgage agreement which seems to have cost her thousands in legal costs and nothing has ever been done! Therefore, she can not re-mortgage and the house is starting to fall into disrepair and she does not know what to do! Can anyone give me some advice?

Thank you.

holly_hobby

I am so sorry for the problems your Mum has had, and I will try to help, as will others as much as I can.

Your Mum's income will need to be sufficient to service(pay) the mortgage on its own, unless it is her mortgage lender is legally unable to release your Father from his liability, which means remove his name from the mortgage.

So, the first step is for her to contact her morgage lender and discuss the matter - they will be nothing but helpful I promise, and if its possible then they will advise her on the procedure she will need to follow.

Just to be aware (if the change is agreed by the lender), your Mum will need a solicitor to change everything over (its called a Transfer Of Equity), and naturally there will be some legal fees as a result of this.

Hope this helps make things a bit clearer ...

Holly