How can I get my ex-huband off the deeds and mortgage?
Posted on 10 November 2012 by Jayne Morgan
My ex-husband and I have been divorced for 18 months. Our house mortgage and deeds are in joint names and the stipulation was that I would pay off all his debts in return for the house. I have paid off all his debts, but he refuses to sign paperwork from the mortgage company to refinance in my name. I have paid the mortgage completely on my own for over 2 years, but lost my job 11 months ago. There is no way I will be able to remortgage. Is there any way I can get him off the deeds and mortgage? My solicitor says there is some sort of trust that states although he is on the mortgage, he has no legal claim (benefit?) in the house.
In terms of your ex-husband being able to still have a claim on the equity, then your solicitor should be able to sort this out for you . With regard to taking him off the mortgage and deeds, if he's paying you maintenance (particularly court ordered or via the CSA), then depending on the rest of the figures involved, there may be a few options to look at. As John Charcol is an Independent, Whole of Market mortgage broker, we regularly deal with those lenders who manually underwrite cases, and can therefore judge each one on its merits.
If you'd like to discuss your enquiry in more detail, then please let me know, and I'll arrange to put you in touch with one of our consultants.
More than mortgages, talk to me about: Financial Protection | Investments | Personal and Corporate Pensions | Home Insurance General Insurance | Valuations | Conveyancing | Wills | Home finders
Answers provided in response to Ask the experts 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.
YOUR PROPERTY MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY DEBT SECURED ON IT.
John Charcol is a trading name of John Charcol Limited and its Appointed Representatives. John Charcol Limited is authorised and regulated by the Financial Conduct Authority. The Financial Services Register number is 665649. Registered in England No. 9157892. Registered office address for John Charcol Limited is 5th Floor, Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU. The FCA does not regulate some investment mortgage contracts. Calls may be recorded for training and monitoring.