How to get ex partner off mortgage (bankruptcy)

Gfox75

Hi,

I split my ex husband around 11 years ago. We were waiting 2 years to get divorced. Prior to this he decided to go bankrupt against our house and leaving me in £28k worth of debt with 2 young children.
Being naive to the world, the financial side of our marriage was never separated. 

I paid the debt, brought up the kids and paId the mortgage with no CSA etc given.

ALL mortgage payments are from my bank account.
i need to have him removed from my mortgage and deeds to house.
Is he entitled to anything because of his bankruptcy? 

Thanks

ACG

My understanding is that the starting point is 50/50.

Speak to him, tell him you want to take his name off the mortgage. 
If he wants anything that you are not happy with, then you need to get legal advice. You probably need to weigh up how much he wants though against what you would spend on legal advice/time/stress etc. If he said he wanted £5k for example, it is probably worth giving in. If he wanted £50k, then it is probably more worthwhile fighting. 

Gfox75

Thanks for this.

is he entitled to it even though we only had the house together for 4 years and when he went bankrupt he relinquished all rights to his part of the house and put it in their hands? 

Thanks in advance

cooltt

Gfox75 said:

Thanks for this.

is he entitled to it even though we only had the house together for 4 years and when he went bankrupt he relinquished all rights to his part of the house and put it in their hands? 

Thanks in advance

This doesn't matter, it was a joint asset and children were involved, the bankruptcy receiver wouldn't have touched it.
If he is still named on the mortgage and deeds what AGC said is correct, it's unfair but correct. 

Thrugelmir

You should advice from a family law solicitor. To finalise your divorce and resolve separation of your finances. 

Gfox75

The divorce was finalised a few years back so I’ll speak to a Family Law Solicitor.

thanks for the advice both

MovingForwards

Gfox75 said:

The divorce was finalised a few years back so I’ll speak to a Family Law Solicitor.

thanks for the advice both

There should have been a financial agreement done as part of the divorce. Was there?

Gfox75

No. We waited over 2 years and it might have been sent but it certainly didn’t hit my radar.