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 not 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 of 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 now, 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 of 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

antrobus

Debjane0102 wrote: »

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 not 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 of 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 now, 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 of 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

This should have been sorted out as part of the divorce and formalised in the consent decree. Is there a consent decree?

The more or less standard practice is that the one that gets the house has to use their 'best endeavours' to get the mortgage in their own name only. And indeed to defer any sale of the former marital home until the children are 18.

It is up to the lender whether or not husband can get his name 'off the mortgage'. They are not a party to the divorce.

molerat

Duplicate post https://forums.moneysavingexpert.com/discussion/5956459/getting-name-off-ex-wifes-mortgage