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Can my ex-wife still claim on the house?

Posted on 22 November 2012 by Christine


I divorced my wife several years ago and paid her £5000 however I did not have her name removed from the mortgage. I have now remarried and would like to know if I died would my ex wife be able to make a claim on my house? Also where does my new wife stand in all this as her name is not on the mortgage.

As your ex-wife is still on the mortgage, she remains "jointly and severeally responsible" for the loan, which is to say that in the eyes of the lender she would still be liable for the mortgage payment if you were unable to make the payment.

I would reccomend that you check whether your ex-wife is still on the title deeds, as in most cases the ex-spouse is usually removed from both at the of the divorce, so if she's still on the mortgage, is she still on the deeds? If she is then it could enable her to make a claim.

You also need to check your Will to make sure that this reflects your current wishes in the event that anything should happen to you.

As the picture is a little uncertain, you would need to speak to your solicitor to see exactky where you stand. If you don't have a solicitor let me know, and I can arrange for one to speak with you and go through your options.

Regards,

Simon

simon.collins@johncharcol.co.uk

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