My ex has been declared bankrupt

mrtn

Hi

I have a joint mortgage with my ex-girlfriend who moved out 3 years ago. Whilst I paid her off, she failed to take her name off the mortgage. The court case has dragged since then and I have recently received a letter from Official Receiver saying that she has been declared bankrupt.

I spoke to the Official Receiver and they advise they wouldn't request that she is removed from the mortgage. My ex doesn't ignores my phone calls and emails and I am unable to get her to sign transfer docs.

Is there anything that can be done to take her name off, now that she is bankrupt?

Many thanks for your help.

Thrugelmir

mrtn wrote: »

Whilst I paid her off, she failed to take her name off the mortgage.

What did you expect to happen?

DUTR

Thrugelmir wrote: »

What did you expect to happen?

You know everyone of this troll's threads have been locked?

mrtn

Thrugelmir wrote: »

What did you expect to happen?

If you've got nothing to say, say nothing.

antrobus

mrtn wrote: »

Hi

I have a joint mortgage with my ex-girlfriend who moved out 3 years ago. Whilst I paid her off, ...

How? What evidence have you got of that transaction.

mrtn wrote: »

...she failed to take her name off the mortgage. ...

That's not her call. It's up to the lender to release her from her obligation, contingent on your willingness and ability to assume the whole liability.

mrtn wrote: »

....The court case has dragged since then.....

What court case? What are you arguing about?

mrtn wrote: »

....
and I have recently received a letter from Official Receiver saying that she has been declared bankrupt.

I spoke to the Official Receiver and they advise they wouldn't request that she is removed from the mortgage. ...

Presumably what you mean is that they won't take her name off the title to the property. Of course not. That belongs to them now.

How much is the property worth? What's the outstanding balance on the mortgage?

mrtn wrote: »

....
My ex doesn't ignores my phone calls and emails and I am unable to get her to sign transfer docs.

Is there anything that can be done to take her name off, now that she is bankrupt?

Many thanks for your help.

Don't know. Depends on the answers to the above.

ACG

It would be your job to take her name of the Mortgage or at least both of yours to fill out the paperwork. You should not have paid her until the forms were signed.

I would suggest you speak to a solicitor.

Thrugelmir

mrtn wrote: »

If you've got nothing to say, say nothing.

I politely asked you a question. :EasterBun

densol_2

DUTR wrote: »

You know everyone of this troll's threads have been locked?

No its because they are all from 2007 so automatically locked - not a troll - he hasnt posted since 2007.

OP - have you posted on the " bankruptcy " forum. Peeps over there may have more experience regarding the OR's powers ?

Could you take over the mortgage according to the mortgage affordability calculator ?

How much equity in the property ?

Its a mess and unfortunate situation to find yourself in. Obviously you are kicking yourself for not doing the legal work before you gave her the money but its done now - now time to sort out the situation

mrtn

Just to clarify:

1. There was a contract in writing, where she agreed to sell me her share in the property after receiving the payment. Initially, all was done with mutual agreement without any arguing etc. It was only couple months after she moved out, she decided not to honour her side of agreement. I took her to court, the case has dragged for nearly 2 years and she declared herself bankrupt.

2. The mortgage lender has agreed to transfer of equity. Income is not a problem. I have got a transfer form which she needs to sign. I am suspecting she has left the country...

3. Following my conversation with the OR, they are satisfied that she sold her share and has no further beneficial interest. Therefore, the title does not belong to the OR.

My intention is to keep the property and mortgage.

I am wondering whether the mortgage lender is under any obligation, after getting notified by the OR that one of the mortgagees has been declared bankrupt?

Thrugelmir

mrtn wrote: »

Just to clarify:

1. There was a contract in writing, where she agreed to sell me her share in the property after receiving the payment. Initially, all was done with mutual agreement without any arguing etc. It was only couple months after she moved out, she decided not to honour her side of agreement. I took her to court, the case has dragged for nearly 2 years and she declared herself bankrupt.

2. The mortgage lender has agreed to transfer of equity. Income is not a problem. I have got a transfer form which she needs to sign. I am suspecting she has left the country...

3. Following my conversation with the OR, they are satisfied that she sold her share and has no further beneficial interest. Therefore, the title does not belong to the OR.

My intention is to keep the property and mortgage.

I am wondering whether the mortgage lender is under any obligation, after getting notified by the OR that one of the mortgagees has been declared bankrupt?

Thanks. Hence my earlier question. I was merely trying to elicit further information. A full explanation changes the picture considerably.

antrobus

mrtn wrote: »

Just to clarify:

1. There was a contract in writing, where she agreed to sell me her share in the property after receiving the payment. Initially, all was done with mutual agreement without any arguing etc. It was only couple months after she moved out, she decided not to honour her side of agreement. I took her to court, the case has dragged for nearly 2 years and she declared herself bankrupt.

2. The mortgage lender has agreed to transfer of equity. Income is not a problem. I have got a transfer form which she needs to sign. I am suspecting she has left the country...

3. Following my conversation with the OR, they are satisfied that she sold her share and has no further beneficial interest. Therefore, the title does not belong to the OR.

My intention is to keep the property and mortgage.

I am wondering whether the mortgage lender is under any obligation, after getting notified by the OR that one of the mortgagees has been declared bankrupt?

Good. The situation is much clearer now.

You've got that contract in writing, the OR has accepted that your ex has no beneficial interest in the property, the mortage lender is happy with you taking on the mortgage. You are not at risk of losing anything.

It doesn't really matter whether your ex is named on the mortgage or not. She is not going to be paying anything anyway. Your only issue is getting her name off the title to the property. Otherwise it will be difficult to sell the property when the time comes.

Who was handling that court case? I suspect that you may have to continue with that case and obtain a court order to amend the title record at the Land Registry.