Ex refuses to sign so I can remortgage

Helpplease2024

Hi. Thank you MWT I appreciate your time and other the constructive advice too from you all. Its an interest only mortgage thats all I could afford, we paid jointly for 4 years half each. Paying off the current mortgage is not a trigger for the court order. Its the usual triggers, someone lives with me ( not remarried nit living with anyone) I remarry, I die, and then tertiary education with no limit. He has a charge on the property on land registry. So he has to agree to move the charge when I get a new mortgage and agree to take his name off the current expired mortgage apparently? (Extended till end of August) the Deed was transferred to my sole name as part of the agreement 21 years ago.  He lives in a house now with his wife for a number of years. He never requested his name to come off mortgage he knows I will pay the mortgage he doesn’t see himself as liable.  I am now finally in a position to remove his name and he is refusing? 

So I basically need to know what are my rights to override him? So I can get a mortgage. Or how can I go about getting his signature? Solicitors are expensive.  Surely with a court order stating triggers it is a legally binding document which he is personally trying to enforce but legally he is not due % yet? So he is in breach. I have said I will stick to my part to pay his equity when its due. If I was in a position to buy him out I would. But for now he needs to wait until he is due his %. 

Helpplease2024

Excerpts from order:

a) to use her best endeavours to have the Husband released from his covenants under the mortgage with effect from the date of this order and in default to indemnify him from al liabilities, costs, claims and demands thereunder

2. the Husband shall forthwith transfer all his estate and interest in the property to the Wife subject to the mortgage but otherwise free from incumbencies.

.3 simultaneously with the said transfer, the Wife shall execute a legal charge over the property in the Husband's favour for 30% of the equity.

4. the charge shall not become enforceable by way of possession or sale until the earliest of the following events:

a)

death of the Wife

b)

remarriage of the Wife

c)

the Wife's cohabitation with another man for a period in excess of 6 months d ) the youngest child of the family reaching the age of 18 or ceasing full time tertiary education 0 is the later

e) subject to paragraph 5 below, the sale of the property

5. ' the Wife shall be at liberty during the deferment period to sell the property (or any substitute property) and purchase another to be held on the like terms provided that:

a) upon completion of such purchase, she executes a fresh legal charge in the Husband's favour securing such interest in the selling price of the new property as is represented by the fraction :

C/P

where C= the value of the Husband's charge on completion of the sale of the old property

P = the purchase price of the new property

6. any any time on or before the date on which the sale is carried into effect the Wife may elect to purchase the interest ofthe Husband, by paying to him the value of that interest on the basis of the property having a selling price agreed between the partiesor in default of agreement between the parties be determined by a Chartered Surveyor appointed on the application of either party by the President for the time being of the Royal Institute of Chartered Surveyors who shall act as expert and whose costs shall be borne equally between the parties, and the national costs of sale being 3% of the selling price.

MWT

You are going to have to get legal advice, I don't see any way around that.

He has not breached any of the terms you have listed above as it appears there was nothing stated about requiring him to execute and deliver such documents as are required to facilitate you taking out a new mortgage...

Are you sure there is nothing in the order that requires him to do anything like that?

It may even be necessary to return to Court to get this resolved.

silvercar

If you repaid the current mortgage, by taking a new mortgage or whatever, why wouldn’t that automatically end it - without a signature being needed?

ian1246

So your ex has been prevented from Home Ownership himself due to being tied into your house's mortgage for the last 21 years, despite the court order requiring you to remortgage into your own name as soon as possible?

I can understand why he might be a tad difficult now. At least you have a home - sounds like he probably has lived a life time in rental due to no opportunity to take on his own mortgage.

In addition, that charge on the land registry is the only thing protecting his % of the property. If your asking him to remove it or put it secondary to a new mortgage, I would argue you yourself may be in breach of the order since it's clear your meant to indemnify him from the risk of you defaulting on the mortgage - it would mean if you default & the house is repossessed & then sold at a loss, your new mortgage company will get 100% of the proceeds - increasing his own liability/loss.

What indemnity Policy have you put inplace to protect him from the liabilities he still owes to the mortgage company?

What repayment vehicle have you put in place to pay off the lump-sum now due at the end of the interest mortgage? If you haven't done so, I'd argue you have breached the obligations the court order clearly places on you to minimise the risk towards your ex partner - since ultimately, a default on the mortgage will go in both your names & he will be jointly responsible for paying back the mortgage sum now due - including potentially potentially risking his own home with his wife(?) if the mortgage company decide he is the more juicy target for any outstanding debt after House repossession.

If you haven't put inplace a plan to repay the amount at the end of the interest only mortgage, you have massively increased the risk of your ex being in debt - arguably completely opposite to what is required in the court order.

Helpplease2024

silvercar said:

If you repaid the current mortgage, by taking a new mortgage or whatever, why wouldn’t that automatically end it - without a signature being needed?

Because he has a charge on land registry which I have been told he would need to agree to transfer it apparently but I don’t understand why?! Because I would think it would just stay on land registry anyway. 

Helpplease2024

MWT said:

You are going to have to get legal advice, I don't see any way around that.

He has not breached any of the terms you have listed above as it appears there was nothing stated about requiring him to execute and deliver such documents as are required to facilitate you taking out a new mortgage...

Are you sure there is nothing in the order that requires him to do anything like that?

It may even be necessary to return to Court to get this resolved.

I had previously spoken to a solicitor they said order was drawn up badly by solicitors at the time with nothing in my favour. But did say he needs to allow me to take him off the mortgage and I don’t have to buy him out until my youngest finishes university. It just makes him liable for the mortgage with his name on anyway. I’m trying to release him from the mortgage because I can now at this point. 

Helpplease2024

ian1246 said:

So your ex has been prevented from Home Ownership himself due to being tied into your house's mortgage for the last 21 years, despite the court order requiring you to remortgage into your own name as soon as possible?

I can understand why he might be a tad difficult now. At least you have a home - sounds like he probably has lived a life time in rental due to no opportunity to take on his own mortgage.

In addition, that charge on the land registry is the only thing protecting his % of the property. If your asking him to remove it or put it secondary to a new mortgage, I would argue you yourself may be in breach of the order since it's clear your meant to indemnify him from the risk of you defaulting on the mortgage - it would mean if you default & the house is repossessed & then sold at a loss, your new mortgage company will get 100% of the proceeds - increasing his own liability/loss.

What indemnity Policy have you put inplace to protect him from the liabilities he still owes to the mortgage company?

What repayment vehicle have you put in place to pay off the lump-sum now due at the end of the interest mortgage? If you haven't done so, I'd argue you have breached the obligations the court order clearly places on you to minimise the risk towards your ex partner - since ultimately, a default on the mortgage will go in both your names & he will be jointly responsible for paying back the mortgage sum now due - including potentially potentially risking his own home with his wife(?) if the mortgage company decide he is the more juicy target for any outstanding debt after House repossession.

If you haven't put inplace a plan to repay the amount at the end of the interest only mortgage, you have massively increased the risk of your ex being in debt - arguably completely opposite to what is required in the court order.

I am trying to mortgage in my own name he is preventing me. I am trying to release him from the mortgage. He wont sign to let me. If he doesn’t sign I have no home so 3 people homeless. I am trying to prevent repossession so neither of us get bad credit. I will give him his % when the court order says its due which is not now. I dont want to remove his charge on land registry. He wanted to cash in our policy to cover mortgage not me. My repayment vehicle to to get a mortgage in my name solely to pay off the current mortgage release him from that and take out a fresh mortgage in my name but he wont sign any paperwork. I am trying to move this forward to adhere to the order. He just refusing to let me. I’m not in breach I am trying to adhere to the order and get a mortgage to pay off the current mortgage with his name on. 

DE_612183

Helpplease2024 said:

ian1246 said:

So your ex has been prevented from Home Ownership himself due to being tied into your house's mortgage for the last 21 years, despite the court order requiring you to remortgage into your own name as soon as possible?

I can understand why he might be a tad difficult now. At least you have a home - sounds like he probably has lived a life time in rental due to no opportunity to take on his own mortgage.

In addition, that charge on the land registry is the only thing protecting his % of the property. If your asking him to remove it or put it secondary to a new mortgage, I would argue you yourself may be in breach of the order since it's clear your meant to indemnify him from the risk of you defaulting on the mortgage - it would mean if you default & the house is repossessed & then sold at a loss, your new mortgage company will get 100% of the proceeds - increasing his own liability/loss.

What indemnity Policy have you put inplace to protect him from the liabilities he still owes to the mortgage company?

What repayment vehicle have you put in place to pay off the lump-sum now due at the end of the interest mortgage? If you haven't done so, I'd argue you have breached the obligations the court order clearly places on you to minimise the risk towards your ex partner - since ultimately, a default on the mortgage will go in both your names & he will be jointly responsible for paying back the mortgage sum now due - including potentially potentially risking his own home with his wife(?) if the mortgage company decide he is the more juicy target for any outstanding debt after House repossession.

If you haven't put inplace a plan to repay the amount at the end of the interest only mortgage, you have massively increased the risk of your ex being in debt - arguably completely opposite to what is required in the court order.

I am trying to mortgage in my own name he is preventing me. I am trying to release him from the mortgage. He wont sign to let me. If he doesn’t sign I have no home so 3 people homeless. I am trying to prevent repossession so neither of us get bad credit. I will give him his % when the court order says its due which is not now. I dont want to remove his charge on land registry. He wanted to cash in our policy to cover mortgage not me. My repayment vehicle to to get a mortgage in my name solely to pay off the current mortgage release him from that and take out a fresh mortgage in my name but he wont sign any paperwork. I am trying to move this forward to adhere to the order. He just refusing to let me. I’m not in breach I am trying to adhere to the order and get a mortgage to pay off the current mortgage with his name on. 

you can understand why he may not have a positive view of this - you've had 21 years to do this - now you want him off the mortgage and deeds, but will only give him the money he is due "when" the youngest finishes education.

By removing himself he loses any leverage he';s got to ensure you keep your part of the bargain.

I would suggest you get two lots of solicitors to sort this out - even after 21 years it seems too personal.

Helpplease2024

DE_612183 said:

Helpplease2024 said:

ian1246 said:

So your ex has been prevented from Home Ownership himself due to being tied into your house's mortgage for the last 21 years, despite the court order requiring you to remortgage into your own name as soon as possible?

I can understand why he might be a tad difficult now. At least you have a home - sounds like he probably has lived a life time in rental due to no opportunity to take on his own mortgage.

In addition, that charge on the land registry is the only thing protecting his % of the property. If your asking him to remove it or put it secondary to a new mortgage, I would argue you yourself may be in breach of the order since it's clear your meant to indemnify him from the risk of you defaulting on the mortgage - it would mean if you default & the house is repossessed & then sold at a loss, your new mortgage company will get 100% of the proceeds - increasing his own liability/loss.

What indemnity Policy have you put inplace to protect him from the liabilities he still owes to the mortgage company?

What repayment vehicle have you put in place to pay off the lump-sum now due at the end of the interest mortgage? If you haven't done so, I'd argue you have breached the obligations the court order clearly places on you to minimise the risk towards your ex partner - since ultimately, a default on the mortgage will go in both your names & he will be jointly responsible for paying back the mortgage sum now due - including potentially potentially risking his own home with his wife(?) if the mortgage company decide he is the more juicy target for any outstanding debt after House repossession.

If you haven't put inplace a plan to repay the amount at the end of the interest only mortgage, you have massively increased the risk of your ex being in debt - arguably completely opposite to what is required in the court order.

I am trying to mortgage in my own name he is preventing me. I am trying to release him from the mortgage. He wont sign to let me. If he doesn’t sign I have no home so 3 people homeless. I am trying to prevent repossession so neither of us get bad credit. I will give him his % when the court order says its due which is not now. I dont want to remove his charge on land registry. He wanted to cash in our policy to cover mortgage not me. My repayment vehicle to to get a mortgage in my name solely to pay off the current mortgage release him from that and take out a fresh mortgage in my name but he wont sign any paperwork. I am trying to move this forward to adhere to the order. He just refusing to let me. I’m not in breach I am trying to adhere to the order and get a mortgage to pay off the current mortgage with his name on. 

you can understand why he may not have a positive view of this - you've had 21 years to do this - now you want him off the mortgage and deeds, but will only give him the money he is due "when" the youngest finishes education.

By removing himself he loses any leverage he';s got to ensure you keep your part of the bargain.

I would suggest you get two lots of solicitors to sort this out - even after 21 years it seems too personal.

This is my first opportunity financially to do this. He was taken off the deeds in divorce 21 years ago. We have a court order so he loses no leverage. I wish he did go to a solicitor then he would understand the situation. 

There is a history of physical and emotional abuse as well as coercive control behind all this. Its not an easy situation.