Previous mortgage covenants removal
Answered on 16 December 2017
My husband and I separated 3 years ago. I was prepared to leave the house and walk away with nothing and he was going to remove my name from the joint mortgage and take care of the divorce. For the last year I have thought that I was removed/or in the process of being removed from the property, so I since have bought a property of my own with my new partner. I have just found out that I am also still on the old joint mortgage with my husband and also that he hasn't tried to remove me since 2009. He now says he will not be allowed to re-mortgage as his wages have dropped and he has defaulted on credit card payments, but I am desparate to get my name of this mortgage. I now have my own mortgage which I am obviously worried that I shouldnt have and also I do not want his defaulted payments to impact me. What can I do, I am desperate to just sever the ties?
I recommend that you seek independent legal advice without delay. Whilst a solicitor can arrange for your name to be removed from the title for your previous home, a lender is under no obligation to release you from the covenants of the mortgage. This could leave you in a situation where you have no claim on the proceeds of any sale, but are still liable for the mortgage payments and any shortfall on a forced sale in possession.
As far as your credit rating is concerned you can ask the credit agencies to put a note on file that you no longer have any financial association with your husband. This will not automatically disassociate you and any automated credit searches will not necessarily pick it up. It will however provide additional confirmation of the facts if you are refused credit and have to appeal to the provider.
With regards to your new mortgage the lender will have made their own credit checks and their solicitors will have also checked whether or not you had any outstanding mortgage commitments. Unless you deliberately withheld the information regarding your existing mortgage then I do not think you need worry.
Ask The Mortgage Experts answers are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them. We recommend you seek professional advice with regard to any of these topics where appropriate.