Court Order

Posted on 23 January 2011 by summer


Can my ex husband apply for a mortgage in his own right when his name is on the former marital home as joint mortgagee, if the court decrees he has no further legal liability for the mortgage on the former marital home?

Summer,

Your ex husband can apply for a mortgage in his own right, though it will be up to the new Lender to decide whether or not they are happy to accept the application. If he is still named on the existing mortgage some Lenders may decline any application, despite the presence of a Court Order, until his name has been removed.

I recommend that you both take independent legal advice and then speak to your exiting mortgage Lender to clarify the situation.

Peter

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