court action for removing ex off title deeds

Cinders:

!!!!!! wrote: »

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.

Ouch!!!

I have absolutely no intention of trashing his credit rating.
If you must know he had an affair and left us when I was 5 months pregnant, paid no maintenance, and dips in and out of his children's lives when he feels like it....but yes, my ex's precious credit rating should be the most important thing here, not keeping a roof over his children's heads!!!

horsegirl

Are either of you remarried?

FBaby

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.

Sounds like a decision made out of guilt because noone in their right mind would agree to such an arrangement. Surely if you stop paying the mortgage, it will because you can't afford it and if you can't afford it and as a result he has to pay...the full amount, not just half as he would be liable for it all, how would you possibly be in a position to repay him?

Maybe he isn't paying maintenance because he gave you his share of the house, one that he risks having to pay for quite some time?

Cinders:

FBaby wrote: »

Sounds like a decision made out of guilt because noone in their right mind would agree to such an arrangement. Surely if you stop paying the mortgage, it will because you can't afford it and if you can't afford it and as a result he has to pay...the full amount, not just half as he would be liable for it all, how would you possibly be in a position to repay him?

Maybe he isn't paying maintenance because he gave you his share of the house, one that he risks having to pay for quite some time?

He didn't give me his share of the house, what a huge assumption to make. We had the house valued, and together decided that I would buy him out of his share of the equity, and I paid him his half in full.

I have no idea why you and another user have started attacking me over this, and making assumptions that aren't true. I answered the op because I had information on this subject that could be useful....next time I won't bother.

mgdavid

Cinders: wrote: »

He didn't give me his share of the house, what a huge assumption to make. ........
I have no idea why you and another user have started attacking me over this, and making assumptions t........

I don't see an attack or an assumption. I read a sentence beginning with 'Maybe' and ending with a question mark. All you had to do was reply to the question, why so sensitive?

Guest101

tiptoez wrote: »

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!

U can't.

He is entitled to some ownership. U have no right to do this.

And the mortgage provider will never approve it.

Guest101

Cinders: wrote: »

Ouch!!!

I have absolutely no intention of trashing his credit rating.
If you must know he had an affair and left us when I was 5 months pregnant, paid no maintenance, and dips in and out of his children's lives when he feels like it....but yes, my ex's precious credit rating should be the most important thing here, not keeping a roof over his children's heads!!!

Clearly he's an idiot too, since if u default it's likely you have no money to reimburse him!

Someone had a lucky escape, just not sure who!!

FBaby

He didn't give me his share of the house, what a huge assumption to make. We had the house valued, and together decided that I would buy him out of his share of the equity, and I paid him his half in full.

Indeed, that was the wrong assumption to make, it just seemed odd that you had such a lump sum of money to give, yet would you have been assessed as not able to take on the full mortgage, but of course, you could have savings or could have borrowed from the family.

It remains that very few men in your ex situation would be prepared to take the risk of being lumped with paying a mortgage for a house they don't own any longer or ruining their credit, when the supposed legal agreement to counter it doesn't give him much weight at all. He would have to take you to court, and as a single mum with little revenue, at best a judge would order you to repay £10 a month for the next 50 years. I guess that would a high pay back for having an affair and leaving you!

Cinders:

FBaby wrote: »

Indeed, that was the wrong assumption to make, it just seemed odd that you had such a lump sum of money to give, yet would you have been assessed as not able to take on the full mortgage, but of course, you could have savings or could have borrowed from the family.

It remains that very few men in your ex situation would be prepared to take the risk of being lumped with paying a mortgage for a house they don't own any longer or ruining their credit, when the supposed legal agreement to counter it doesn't give him much weight at all. He would have to take you to court, and as a single mum with little revenue, at best a judge would order you to repay £10 a month for the next 50 years. I guess that would a high pay back for having an affair and leaving you!

I paid him with my savings. My job is fairly secure, and I still have savings, so there would have to be a huge set of disasters for me to default. There's less than 18 months left on our fixed term mortgage (has a huge redemption penalty), and then I will be able to take it on myself. He sees the situation as minimal risk which is why we went down that route.
So no 'high pay back'. He did me a favour by leaving as he was very abusive, and my life since he left has been enjoyable, and the children no longer walk around the house 'treading on eggshells'.

prowla

I don't think that the mortgage company will allow an existing mortgage in two names to be changed to remove one of them; they will, however allow a new mortgage to be taken out, if both parties agree.