Joint mortgage with ex

hemple

HiI have a mortgage with the Nationwide and when I got divorced 8 years ago I took over the payments and had my ex indemnified against this via a solicitor. However Nationwide would not let me remove his name off the mortgage. I cant remember why this was but I think it was something to do with affordability at the time. I wanted to know if I would be able to apply for a further advance on the mortgage in my name only ??


Many thanks.

YHM

Not without taking his name off.

Is it still a joint mortgage?

hemple

it is still technically classed as a joint mortgage with the building society yes.

glosoli

Will have to be a joint application until their names taken off unfortunately

Thrugelmir

Does your ex have a financial interest in the house?

hemple

no he doesn't was all done through solicitor

Thrugelmir

hemple wrote: »

no he doesn't was all done through solicitor

I asked the question as assumed that you had children to consider when you separated. Hence why your ex remained on the mortage.

Are you in a position now to remortgage the property into your name?

TBagpuss

No, you'd need your ex's cooperation. Did you have a curt order? If so, what does it say? In some cases, there are provisions to allow you to remortgage or get further borrowings with your ex's consent, and that their consent may not be unreasonably withheld, but withholding consent may well be reasonable unless the the reason for the additional borrowing is for essential repairs. (it's ore common for these provisions to be designed to allow people to remortgage at better rates, for instance)

hemple

im not sure if it was a court order but there was a document drawn up with solicitor, ill dig it out and see exactly what it says, at the time of divorce I couldn't afford the mortgage amount on my own and so the building society would not take his name off . Am I best talking to my lender to see what options I have ?

AnotherJoe

If you couldn’t afford it on your own you wouldn’t be able to afford to borrow more, and It seems unlikely your ex would want to countenance borrowing more and making him liable, so first starting point would be seeing if you can get his name removed from mortgage.