Divorce and removing name

smabs70

Hi all, apologies if this is a repeat but basically I split up from my wife 14 years ago, we divorced and created an agreement (court order) where I agreed to let her stay in the house (for the kids) and have no claim on the equity as long as I kept my name on the mortgage as she couldn’t get one for this house on her own.  There were several terms to this, being she had to do everything she could to remove my name but if she moved anyone in or the kids turned 18, if she couldn’t remove my name, she’d have to sell the house.  This was all from her solicitor as I sacked mine!

The youngest is now 18, she’s moved both her partner in (although he’s left again now) and her mum in, she won’t do anything to remove my name, she even said I want to see the kids out on the street!

Now I just don’t know what to do, I can’t keep my name on her mortgage indefinitely?

She has told ME to call the lender and tell them to remove my name but surely it’s not that easy!?  Could I tell them she’s bought me out maybe and she’s now the sole owner?  She’s in dangerous territory though as despite paying the mortgage since the split, her wage wouldn’t allow her to remortgage I don’t think.

i just don’t want to go down the solicitor route again especially as the original agreement was meant to be legally binding?

MWT

If the mortgage is still there and she still can't get it changed to her name or doesn't even want to try to do it between her and her mother or her partner then you are left with the option to force a sale.

This isn't something you'll be able to do without a solicitor though, the agreement may be legally binding, but enforcing it will still need some time in court...

DullGreyGuy

Solicitors are typically used to help you enforce legally binding agreements. 

Normal steps would be to remind her that she is breaching the court order by not now selling the property or removing your name. If she ignores that then it's a letter warning her that you will be applying to the courts for enforcement action.

Not following a court order is Contempt of Court but asides that I am not sure what enforcement action the court can really take as they themselves cannot take you off the mortgage... if it was the other way round and they'd refused to sign the property over to you then the court can sign on their behalf etc. This is why a conversation with a solicitor may be helpful. 

Hoenir

As has been said already. Conversation to be had with a solicitor. A legal letter may rattle the cage so to speak. Show your intent. If the other party is intent on being intransigent there's no alternative. Don't feel bad about taking this course of action. You are entitled to now move on with your life as your ex is with hers. 

secla

She cant remove your name as she cant afford to remortgage in her own name. If there was an agreement that she would sell in this instance then i guess you will have to employ a solicitor and possibly go to court to enforce it.

missile

You were too kind and should have forced her to re-mortgage when you divorced.

horsewithnoname

missile said:

You were too kind and should have forced her to re-mortgage when you divorced.

It sounds like he wanted to do the best for his children, which any decent parent would.