Removing the ex

Bonzos_mum

HI, 16 years ago when I got divorced the court order stated he had to remove his name from the mortgage, he never bothered so for the last 15 years I have been trying to do so but they say they cannot remove him as they do not have the policy or process in place. 
Surely a court order shoule mean they have too remove him?

MWT

Are you sure the court order stated he had to remove his name from the mortgage?

Removing it from the deeds would make sense, but generally it is more likely to find the court order requiring him to remain on the mortgage until such time as you can get the mortgage transferred into your name alone as that is a commercial decision for the lender to judge when you are able to meet their affordability criteria.

swingaloo

Its not possible to just remove someone's name from a mortgage. You would have had to satisfy the mortgage company that you could afford it alone and take out a new mortgage. The lender will not take a name off, if you defaulted on the mortgage they have 2 people to go after.

Bonzos_mum

It 100% says to be removed from the mortgage and have no claim on the house, they cannot remove him from the deeds without the mortgage companies consent and they wont give it.

user1977

Bit confusing about who you mean by "they" and "they", but it is for you and you ex to sort out - the mortgage lender cannot unilaterally do this.

400ixl

So, have you been through the process of remortgaging to your own name and passing the affordability test to have a sole mortgage? He would also need to give permission for this to happen.

If you can't pass that affordability test then the mortgage company will not remove him, neither can they if he doesn't consent.

What exactly have you done to try to get this resolved?

Bonzos_mum

I can’t get a mortgage on my own as I don’t earn enough and as my husband is a lot older they will only do a mortgage with 3 years so it’s to expensive.
my ex has agreed to be removed as per the court order but he has also wrote to the mortgage compy
giving his permission to be removed. 

I’ve seen a solicitor who has also said they should have removed him from the mortgage when the court order was done so I am totally confused. 

Hoenir

Bonzos_mum said:

I can’t get a mortgage on my own as I don’t earn enough

That's the crux of the matter. A lender isn't going to release the other party that currently guarantees repayment of the debt. Is the mortgage interest only or repayment? 

swingaloo

Your ex will not be removed from the mortgage unless you can take it on by yourself. If you cant afford it then it simply cant happen no matter what a court rules. 

Its not about your husband writing to them to be removed. From their point of view he has borrowed money, why on earth would they remove him from the responsibility of paying it back. The only way he could be removed is if you can take on the loan alone.

The solicitor is right in that he should have been removed when the court order was made but that doesnt happen just by giving the mortgage company permission. They need someone else to take over the loan and if you cant do that then he will have to stay on the mortgage.

I dont understand what you mean by 'they dont have the policy or process' to take him off. When you say you have been trying to do it yourself what exactly have you been trying to do?

400ixl

Bonzos_mum said:

I can’t get a mortgage on my own as I don’t earn enough and as my husband is a lot older they will only do a mortgage with 3 years so it’s to expensive.
my ex has agreed to be removed as per the court order but he has also wrote to the mortgage compy
giving his permission to be removed. 

I’ve seen a solicitor who has also said they should have removed him from the mortgage when the court order was done so I am totally confused. 

Unfortunately they are not going to take him off of the mortgage if you cannot pass the affordability test without him being on it. It is no more complex than that I'm afraid.

The court cannot over ride that as far as I am aware.

How much longer has the mortgage got to run and why the need to get him off of it now?

What do the deeds say about ownership? Is it joint tenants or tenants in common?

MWT

Bonzos_mum said:

It 100% says to be removed from the mortgage and have no claim on the house, they cannot remove him from the deeds without the mortgage companies consent and they wont give it.

It may just be  the way you are reading it, but it is not unusual to have it stated that he has no further claim on the house and you have the obligation to remove him from the mortgage under certain conditions, and/of he has the obligation to remain on the mortgage until certain conditions are met.

I've not seen a court order trying to remove a party to the mortgage directly as it not within their power to vary the mortgage contract.