Mesher order and remortgage

clanger66

Hi everyone, I have been trying to get my ex husbands name taken off of the mortgage and my new husbands name put on. My ex husband and I divorced ten years ago and my name was put on the title deeds and his removed but there was a charge as a Mesher order in my ex husbands favour to be paid when our child finished full time education. I have continued to pay the mortgage with my current husband and my ex husband doesn’t contribute. We had gone to the mortgage provider to apply for a mortgage under our joint names and this was all fine and we received a mortgage offer but my solicitor has told me that because of the charge on the property in favour of my ex husband we need his permission to get a mortgage. Solicitor had said she would need to write to him and ask under what circumstances he would let the charge go I think that’s how she worded it. It’s not long now , three years until our child finishes university, my ex husband and I got everything agreed by the court regarding this  trigger for when his share becomes due and I told my solicitor this but she says it doesn’t matter we still need to get his permission. my husband and I had planned to borrow extra money at the point our child leaves Uni to pay my ex his share. We are not in a position now to do this as my husband has his student debt and a tax bill to pay off. Has anyone had any experience of this please ? 

K_S

@clanger66 A mesher order usually involves the property to remain in the couple’s joint names until a certain trigger event happens.

This would usually mean the property cannot be transferred into different names and the ex remains on the mortgage (whether or not they contribute towards the monthly repayments). The obvious disadvantage is that you and your ex are financially tied until the trigger event.

Can't speak on your specific case, but generally speaking, given the above, I don't think you'll be able to add your current spouse on to the deeds+mortgage as things stand.

You're best off leaning on your solicitors' advice on this matter.

clanger66

K_S said:

@clanger66 A mesher order usually involves the property to remain in the couple’s joint names until a certain trigger event happens.

This would usually mean the property cannot be transferred into different names and the ex remains on the mortgage (whether or not they contribute towards the monthly repayments). The obvious disadvantage is that you and your ex are financially tied until the trigger event.

Can't speak on your specific case, but generally speaking, given the above, I don't think you'll be able to add your current spouse on to the deeds+mortgage as things stand.

You're best off leaning on your solicitors' advice on this matter.

Hi thank you very much for replying. The strange thing is that when we went to court ten years ago for divorce the judge said I was to use my best efforts to get my ex husband removed from the mortgage. I was on my own at this point and not able to work due to disability so the bank refused.