court action to remove ex from mortgage

sanova76

Hi,

Anybody has experience/knowledge regarding this? Can you send me a private message please?



Many thanks.

San

Comms69

No private messages sorry - it's a bad idea.


You cant just remove someone. They are part owners and in anycase the lender would need to be sure you can afford it on your own.

sanova76

I've been approved to remortgage in my sole name. And agreed to pay ex his share but now he refused to sign the TR1. I want to know where I stand and whether I can ask the court/judge to do that.

He hasn't contribute towards the mortgage. I'm not planning to sell the house.

Accountant_Kerry

Ex spouse / civil partner or just previously cohabiting?

sanova76

Ex husband

Accountant_Kerry

sanova76 wrote: »

Ex husband

do you have a court approved financial order that backs up what you are trying to do? if so you just need to go to court and get it enforced although a strongly worded letter from a solicitor often does the trick

sanova76

Unfortunately the financial order said I can't sell the house until our son is 18 and his name must remains on the mortgage, but I have the right to buy his share for nil consideration (sell the house, make changes to the house etc). I know I should be seeking legal advice but I can't really afford it at the moment.

Will go to CAB on Friday but I don't think my local CAB know much about legal things.

Accountant_Kerry

sanova76 wrote: »

Unfortunately the financial order said I can't sell the house until our son is 18 and his name must remains on the mortgage, but I have the right to buy his share for nil consideration (sell the house, make changes to the house etc). I know I should be seeking legal advice but I can't really afford it at the moment.

Will go to CAB on Friday but I don't think my local CAB know much about legal things.

So his name is remaining on the mortgage but you are trying to transfer the property into your name only? sorry i am a bit confused

from reading this his share is zero if you have the right to buy for nil consideration, it looks like the arrangement was written like this as you couldn't get a mortgage for the full amount at the time??

LilElvis

I thought something rang a bell. OPs thread from a couple of weeks ago 're the property, her ex and the existing order.

https://forums.moneysavingexpert.com/discussion/6059973/ex-refuses-to-comply-with-consent-order

sanova76

Accountant_Kerry wrote: »

So his name is remaining on the mortgage but you are trying to transfer the property into your name only? sorry i am a bit confused

from reading this his share is zero if you have the right to buy for nil consideration, it looks like the arrangement was written like this as you couldn't get a mortgage for the full amount at the time??

Hi,

Yes, that's right. At the time the order made I was not in the position to get a mortgage in my own name. But I'm able to get it now.

Accountant_Kerry

you got the advice on the other thread really, you will need to enforce the consent order, an order is just an agreement that can later be enforced by the courts if necessary, you are going to incur some legal costs, first step is get your solicitor to write him a letter