Removing ex from mortgage

vicky_Run

My partner has been divorced for 6yrs now. As part of the divorce, the court ordered his ex to remove her name from the mortgage within 50 odd days but she never did it (the house was in negative equity and she’d left him with 1000’s of pound worth of debts she’d run up on catalogs, buying furniture she took when she left and clearing their savings account that was to pay his uncle back for a loft conversion they had done). He has struggled to get a new mortgage so he can remove her name as his affordabliliy is low, even though he’s had the house 14yrs and never missed a payment, his ex never worked and he’s been on his own for 6yrs. 

If he sold the house could his ex make a claim on any equity as she’s still on the mortgage?

CLJ2986

Was there a consent order as part of the divorce? When I divorced my ex as part of it we had a consent order drawn up saying he had to give me x amount of equity and there would be no further claims against him as he kept our house. I'm fairly sure it's not as straightforward as taking her name off the mortgage, someone will be along to correct if I'm wrong I'm sure but I thought it had to be a case of remortgaging into a sole name. That's how ours worked anyway I was named on the mortgage for over 2 years before he could afford to buy me out, at a loss to me as well I'm pretty sure. Worth it to be free though. 

molerat

How can a court order her to do something that is not within her ability to do ?  The only thing she could do would be to remove her name from ownership of the property and he re-mortgage / transfer mortgage into his own name which will be at the discretion of the lender.

csgohan4

The person could always sell, looks like it will become expensive to force a sale. 

Thrugelmir

Be surprised if the ex either agreed to or was tied into an order made by the courts that required them to remortgage a property that was in negative equity. As not an available option. 

MWT

vicky_Run said:

My partner has been divorced for 6yrs now. As part of the divorce, the court ordered his ex to remove her name from the mortgage within 50 odd days but she never did it (the house was in negative equity and she’d left him with 1000’s of pound worth of debts she’d run up on catalogs, buying furniture she took when she left and clearing their savings account that was to pay his uncle back for a loft conversion they had done).

This feels like an incomplete part of the entire story.

The answer to the equity question will be found in the rest of the story...

The financial settlement should have detailed the disposition of joint assets like savings accounts and of course the house, hard to imagine any part of that agreement including an obligation on the ex to remove their name from the mortgage as that isn't a possibility...

Redwino222

The problem with this story is it is being told by a third party.  This lady wasn’t  involved in the court proceedings and I assume is only telling us what her partner has told her.

OP - is doesn’t sound like you have the full or correct information here.

if your boyfriend posts with a complete picture I am sure someone can help.

but he must have had a solicitor?  Has he sought legal advice?