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.
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