court action for removing ex off title deeds

tiptoez

Hi, if anyone has any knowledge of whats the best way of removing an ex husband off of property deeds as he is not willing to give property over to me. We have had property for 7 years but he moved out after a year as he had an affair!! I have stayed in the property for the last 6 years and have paid the mortgage payments. We went to mediation to sort out the property after the divorce last year but nothing was resolved as he wanted £10,000 from me even though the property was in negative equity at the time. I now want him off the deeds but dont earn enough money on paper to take over the mortgage. I just need to know what I need to apply to the courts for to do this and if a stand any chance!

peachyprice

He can't be removed from the deeds of a house he is joint owner of, which he is until you can re-mortgage and buy him out so unless you can re-mortgage in your own name there is nothing you can do.

Mojisola

tiptoez wrote: »

I now want him off the deeds but dont earn enough money on paper to take over the mortgage.

That's the problem - looks like you'll need to sell up.

rpc

tiptoez wrote: »

I now want him off the deeds but dont earn enough money on paper to take over the mortgage.

You need the permission of the mortgage company. If they won't give it, your choices are to leave alone or sell.

I just need to know what I need to apply to the courts for to do this and if a stand any chance!

You could probably get an order for sale, but not to claim it as yours when it isn't.

You might look at a consent order which is an agreement on how the marital assets are split upon divorce. If you can't agree, the court can impose a settlement upon you.

Cinders:

peachyprice wrote: »

He can't be removed from the deeds of a house he is joint owner of, which he is until you can re-mortgage and buy him out so unless you can re-mortgage in your own name there is nothing you can do.

This isn't true. In the last month I have had my ex husbands name taken off the deeds of my house, but his name is still on the mortgage as I don't qualify for it on my own. My solicitors drew up the papers and I had to sign to say that I will make sure he is never chased for money from the mortgage company, and if that ever happened I would have to reimburse him, and I need to get his name off the mortgage as soon as it meet their criteria for taking it on by myself.

A solicitor can sort out the court consent order and the paperwork to get his name off the deeds and land registry. It is expensive, but totally worth it, good luck x

Mr_Toad

Off the deeds yes, off the mortgage no, I'm afraid the reality is that you have no chance. He can't simple give or sign it over even he wanted to.

My wife and me have just gone through this and we're still friends!

You can't take someone off a mortgage, it's a joint debt and as things stand the building society can chase two people if they need to but more importantly there are the legalities of joint ownership.

I'm sure there was a time when banks and building societies were more accommodating but these days the more people they can chase for any debt the better as far as they're concerned.

The only way to sort it out is to pay the mortgage off and take out a new mortgage in your name only and this is where the fun and games starts.

Things have changed drastically since the banking crisis, the building soc. will require a 20% deposit for the new mortgage. Not only that but you have to show where the 20% deposit is coming from and prove that you haven't borrowed it. On top of that the criteria for how much they'll lend has changed too. As you point out yourself you don't meet those criteria.

In my case me and my wife each earn more than enough to take on a new mortgage and fortunately we had enough savings after the for her to cover the 20% deposit, it was more than half the savings but I made up the difference. They look at everything from mobile contracts, Sky TV payments, car loans, credit card debts literally everything, all your outgoings are taken into account. Pointing out the fact that you already pay the mortgage with no issues doesn't work either.

We had to send in old bank statements to prove where the money came from. It was even stipulated that if the money came from friends or parents you had to provide proof that the money was a gift and not a loan.

Even then it was far from plain sailing, we had to have inspections and surveys and loads of other checks and it all cost money, it was a huge expense just to sort out a remortgage on house they were already mortgaging!

You need to speak to the lender and get proper advice.

It was a long winded royal pain in the rear to sort it out so I wish you luck.

Seanymph

I think you'll find if he agrees it is possible - if he doesn't, you can't.

Did you not have a financial agreement as part of the divorce?

FBaby

My solicitors drew up the papers and I had to sign to say that I will make sure he is never chased for money from the mortgage company, and if that ever happened I would have to reimburse him, and I need to get his name off the mortgage as soon as it meet their criteria for taking it on by myself.

Was the mortgage lender actually aware of this? It makes no sense to me at all as the reason why they wouldn't give someone a mortgage when they consider they can't afford it is because...they can't. So if they are not in a position to chase him, what security does the lender have and why would they possibly agree to it?

The only way I can imagine it happening with the agreement of the lender is if it reaches the end of a mortgage agreement, or there is significant equity and they are confident they could order the sale of the house if payments are not made.

Cinders:

FBaby wrote: »

Was the mortgage lender actually aware of this? It makes no sense to me at all as the reason why they wouldn't give someone a mortgage when they consider they can't afford it is because...they can't. So if they are not in a position to chase him, what security does the lender have and why would they possibly agree to it?

The only way I can imagine it happening with the agreement of the lender is if it reaches the end of a mortgage agreement, or there is significant equity and they are confident they could order the sale of the house if payments are not made.

You've misunderstood what I said. The mortgage company are fully aware of what is going on and they can still chase my ex for the debt if I default. The consent order says that I am liable to pay for the mortgage by myself and if my ex has to pay because I default, then I owe him the money and must reimburse him.

onomatopoeia99

Mr_Toad wrote: »

Things have changed drastically since the banking crisis, the building soc. will require a 20% deposit for the new mortgage. Not only that but you have to show where the 20% deposit is coming from and prove that you haven't borrowed it.

90% LTV mortgages are still out there. Haven't checked if 95% are.

System

Cinders: wrote: »

You've misunderstood what I said. The mortgage company are fully aware of what is going on and they can still chase my ex for the debt if I default. The consent order says that I am liable to pay for the mortgage by myself and if my ex has to pay because I default, then I owe him the money and must reimburse him.

So the courts have allowed you to still trash your ex's credit rating if you so desire? But it's OK because you will pay him back what you failed to pay but leave him with a trashed CR.