Mortgages after divorce

sausagedoglover

Im hoping someone out there will have some good advice for me??......

Ive been divorced 2.5 years and have not been living in the family home I shared with my ex husband for the last 3 years. His girlfriend has been living there about 2.5 years and they are due to get married later this year. I am not on the deeds of the house anymore. I am however named on a mortgage and a loan secured on the property (like a second mortgage) and I wish to remove myself from these. I agreed when we went through divorce that I would stay on his mortgage for a while as he could'nt re mortgage on his own and I wanted one of us to have a home that the children knew and felt secure in that would help them settle into the new routine of going from one home to another. I couldnt afford to stay in the home and take on the mortgage so I moved into a rented property and claim housing benefit to help pay this. My ex husband is taking out more and more debt and this is affecting my credit rating as I am financially attached to him whilst we have these join mortgages. Is there anyway I can now get myself off these? in light that its now 3 years down the line, he has a wife to be living there and contributing, they both earn allot of money and I have no financial hold over the house.......

ACG

Have you asked him to take you off?

Why did you take your name off the deeds but not the mortgage?

sausagedoglover

thanks for your help......
Yes I've asked him but I either get no reply or a 'my finances are none of your business' response.
I didnt sign the papers to be taken off the deeds, he took it to a judge to get it signed. I could not afford or was in the right state of mind at the time to attend court or fight him. I was having a nervous breakdown whilst the divorce was going through and had to concentrate everything I had on keeping a roof over my kids head and helping them through this.
Obviously now i'm in a better place and realising all the mistakes I made am trying to sort my finances and future out

steeeb

I'd tell him you're about to be declared bankrupt, so taking you off the mortgage is a bonus for him.

If he asks for proof, "my finances are none of your business".

In any case, being removed from the deeds but not the mortgage is very very weird, no wonder he doesn't want to bother with it... You probably need professional advise, or to disclose a lot of personal information, which I wouldn't recommend.

Sambella

Unfortunately it is your business as you name is on the mortgage and loan.

This problem crops up often and the financial services really should get with the times a little and allow one person to have their name removed after a certain length of time and no co operation from the other party. I suppose there are legal reasons why they cannot do this but perhaps that could be got round by serving some kind of notice on the person who is refusing to sign giving them a set time in which to do it or it will be done for them.

NOVAMET21

sausagedoglover wrote: »

Im hoping someone out there will have some good advice for me??......

Ive been divorced 2.5 years and have not been living in the family home I shared with my ex husband for the last 3 years. His girlfriend has been living there about 2.5 years and they are due to get married later this year. I am not on the deeds of the house anymore. I am however named on a mortgage and a loan secured on the property (like a second mortgage) and I wish to remove myself from these. I agreed when we went through divorce that I would stay on his mortgage for a while as he could'nt re mortgage on his own and I wanted one of us to have a home that the children knew and felt secure in that would help them settle into the new routine of going from one home to another. I couldnt afford to stay in the home and take on the mortgage so I moved into a rented property and claim housing benefit to help pay this. My ex husband is taking out more and more debt and this is affecting my credit rating as I am financially attached to him whilst we have these join mortgages. Is there anyway I can now get myself off these? in light that its now 3 years down the line, he has a wife to be living there and contributing, they both earn allot of money and I have no financial hold over the house.......

OH DEAR! Not easy. Why would you remove from the deeds but not the mortgage? I suppose he is using your name to show that he can afford the house. Have you got plans as you want to remove from the mortgage. Still plan or no plan I would want to remove my name from the mortgage and I think you are thinking about the children. As he is getting married and earn lots of money between then can't they have the mortgage in their name?

sausagedoglover

Thank you everyone

I don't have plans as such yet. I have no way of getting my own mortgage at the moment as I walked away from the divorce with nothing, gave him the home, all equity, all contents, caravan, one car etc......crazy I know but as I said, at the time I was not in a good place. He took advantage of that unfortunately. You think you know someone after 20 years but...I guess not
I want to get off his Mortgage so I can do a disassociation on my credit file. Then when I apply anytime for financial products they wont look at his file.
Also I just feel the need to cut all ties to this person as much as possible when you have 3 children together! but for my own sanity it would help
I cant afford to fight in court to get this sorted, I work part time on a low wage and have the children 70% of the time. I'm lucky that I get tax creditsand a bit of child maintenence from him to help pay for everything but that wont be forever, I lost it for my eldest now hes an apprentice and my daughter is now 16 so soon I wont get any help for her either. As soon as you lose child benefit you also lose child maintenence and child tax credit. Money is tight but we are getting on with it, its hard sometimes when he takes the kids off to a foreign holiday or comes round in his brand new car and here I am struggling to afford new school trousers for the children! but hey ho......I'm still better off in many other ways

Sambella

i would perhaps speak to a solicitor (perhaps the one who handled your divorce) and see if a strongly worded letter from them could make him see sense. It's worth a try at least.

I actually heard the other day that you can get a non molestation order for financial abuse which is what this may come under. As it is affecting your chances of buying a property. So it may be worth your while looking into that also.

Yes, it is very hard when the benefits and maintenance stop but hopefully you can make up for some of the loss by progressing to full time work.

ACG

You need to speak to a solicitor to force your name off it or for him to sell up.

Number75

I wouldn't personally speak to your old solicitor again...
If you went through a divorce leaving your name on the mortgage with no fixed end date, then that solicitor shouldn't be touched with a bloody barge pole!

ACG

Possibly sued? It would be interesting to speak to them about that and see what they say. They may take it back to court free of charge, I bet that would get your ex to take you off epecially if house prices have risen.