Getting name off ex wifes mortgage

Debjane0102

Hi
Desperately seeking advice.
My husband has asked his ex wife if she could remove his name from the mortgage.
She has refused to buy him out and will nit let us buy her out.
The only options she has given him are as follows:
1, my husband pays her child maintenance direct debit into her bank account (rather than paying the mortgage) for 12 months as apparently she is on the edge or being able to afford it and then she might be considered for the mortgage.
2, she will defer the sale of the house for 8 years until youngest child is 18.

Im thinking if ex wife cant afford the mortgage without my husbands child maintenance then how will she afford it when the eldest child is 18 (3 years) and child maintenance halves or indeed when it ceases altogether?
Secondly i understand that the child act covers children up to 16 could she actually get the sale deferred for another 8 years?
Surely it is unreasonable to expect my husband to be tied and trapped within that situation for another 8 years.
The 2 children each have a room in our house too and the childcare is shared there is no residence order.
We would like to secure a mortgage ourselves which includes providing security for all if our children but we cant see a way out at the moment apart from attempting to force the sale of the house.
The house is partly owned by a housing association, im not sure whether this is helpful or not in the scheme of things.
Hoping someone can offer a solution
Kind regards

minimike2

It isn't his "ex wife's" mortgage. It is HIS property and HIS mortgage, jointly with his ex wife. This is an important point to note.

It sounds like she can't afford to buy him out, as you already allude to.

Why do you think it is unreasonable for him to be committed to a legally binding agreement to which he signed for knowing full well the arrangement he was making? Just because it doesn't suit you and your circumstances now, doesn't make it unreasonable at all.

If you are unhappy with the situation then let the lawyers deal with it. (You still won't achieve what you are looking for as the children will be the first priority).

Barny1979

Yeah, need to force Court Order to put house up for sale.

molerat

What did the divorce agreement state ?

Yeah, need to force Court Order to put house up for sale.

Unlikely to happen until the kids are 18, again the divorce should have specified what will happen to the property and when.

Thrugelmir

What was agreed when they divorced? A financial consent order would have been drafted that would cover the matters in hand. Not least because there's children involved. This would be legally binding on both parties. The fact that life has moved on makes no difference until the appropriate time is reached.

E30M3

Thrugelmir wrote: »

What was agreed when they divorced? A financial consent order would have been drafted that would cover the matters in hand. Not least because there's children involved. This would be legally binding on both parties. The fact that life has moved on makes no difference until the appropriate time is reached.

Financial consent orders are not always drafted, I hope that the OP does have one!
Life moving on could be a factor in this case, you can't proceed with a financial consent order if you have remarried.

Thrugelmir

E30M3 wrote: »

Financial consent orders are not always drafted, I hope that the OP does have one!

Reread the initial post. You've got matters the wrong way round.

As there's children involved. The court by default will assume to be the guardian of the children and represent their best interests. Their welfare being paramount. The lack of a Consent Order isn't a defining fact. At this juncture.