how can i have my name removed from a joint mortgage,taken out whilst i was married?

Question

I got divorced 2 years ago,and as part of the settlement the ex was to keep the house,now he cant get me off the mortgage,what can i do...as i feel that im still connected to him financially in the eyes of the law,and the credit reference agencies!!

i have tried all the usual stuff,ie solicitor who was dealing with the divorce...as he doesnt earn enough to remortgage on his own the mortgage company wont take my name off...

ps i do live in england....not america!

Answer 1

I would speak to your lawyer love. I don't think that its as easy as just calling up the mortgage company and taking your name off. Your lawyer will give the correct advice. Do it now - cover your back love.

Good luck - keep smiling xx:-)

Answer 2

I have just check with my sister whom is a conveyancing lawyer dealing with house loan and legalities of ownership. She told me that the mortage of your house should had been settled during court case. And it depends on what was the decision of law when you get the divorce. Go through your nisi degree(divorce paper) read it carefully and try to find some loop holes to argue back and of course with the advise of a solicitor. The very most you can insist that either party buy the other party share based on the licenced valuer price of your house and if he refuse and wanted to claim a huge some of money taking the advantage that you do not want to have anything to do with him, this can be also brought up to court and let the court make the decision. Usually for this case both parties may have to suffer some losses
in term of monetary because the present market for property is on a down trend. And also getting a buyer will take some time too as right now is the buyers' market. On legality you are no longer his wife, so you have the right to pursue selling the house whether or not in the eyes of the mortgage company you are connected to him legally in terms of financial status. I am not very sure whether your country practise 'WOMAN CHARTERED'
A law that protect women's right. That is if there is a divorce between a couple, the woman will have every right to claim alimony depends on the reason of divorce (it could be adultery, deserting the monitory home or not performing a duty as a husband) and also 50% of all his assets, whether it is bank account, stock and shares that he had bought.
If your country does not practise this law, than your right will only be insisting of selling the house. Whatever losses both party will need to share.
Remember this, any problem that has got to do with money is never a problem. I hope you understand this sentence.

Answer 3

if your wanting your name off the mortgage and your ex as well , you will have to get a lawyer to wright up the papers and it will have to go before a judge to sigh and then it will be sent to the mortgage people to take your name off the mortgage ,, if you don't get your name off this mortgage you will have trouble buying another house because when the credit people pull up your file they will see your name on another note with someone else and at that point have to consider whether or not you can handle another note , and it will keep you from being able to buy anything else until your name is off this and if something should happen to your ex and he wasn't able to make the payments any longer because your name is on the note with him you will be responsible at that point for all the payments , or if your ex gets behind on the payments because your name is on this note it will go down on your record as well as his as bad credit .. all this just because your name is on the note with him ,, so i would get a lawyer and make the mortgage people take it off , they want do it just by asking ,, you will have to take action ,, good luck

Answer 4

Yes see a solicitor IT just means he has to buy you out in this case the law has said he can have it so it just needs the morgage to be redraughted with the lending company then you are free.

Answer 5

anne p's answer is at very best "scatterbrained" and misleading and an excellent reason for seeking advice from a "qualified" attorney who specializes in Divorce/Family Law.

Laws differ from state to state and the judicial system is the ultimate "decision maker" when it comes to equitable distribution and what each party to the divorce will, or will not, be bound to.

Since this is a "civil" matter, if you cannot afford an attorney, check in your area for a free legal aide agency.

LOOKS LIKE "anne p" CAME BACK AND CHANGED HER NAME TO "SIMPLE"....BUT DID NOT CHANGE THE RAMBLING, CONFUSING ANSWER. I WOULD CAREFULLY CONSIDER FOLLOWING THE ADVICE.

Answer 6

Mortgage is still valid.You cant withdraw withouout the consent of the other.You have to compromise or go for legal action