Dr Strangelove
Registered User
- Messages
- 1,456
Are the kids adults?
How to get ex-husband's name off mortgage if I can't get a mortgage?
- Thread starter TheBakersDozen
- Start date
Brendan Burgess
Founder
- Messages
- 53,759
He agreed to transfer the house over to her.
Part of that agreement was that she would get his name off the mortgage within 2 years.
This is a very standard type of agreement.
The solicitors should have anticipated that the trust bit would stop her getting a mortgage.
Brendan
And now the recourse is another legal battle, for another order, that will cost more in legal fees.
Surely there was legal precedent or law society guidance on why this legal agreement with the trust was a stupid idea.
Part A is reasonable; but the attempt to then control the asset is not.
And as the OP has found makes the property unmortgageable.
Mf1's advice seems spot on to me.
And again, in the meantime - pay the mortgage (and overpay by whatever means possible) & leave the ball in his court.
TheBakersDozen
Frequent Poster
- Messages
- 18
Woah that's a bit excessive.
This has already been going on for over 2 years so he has been extremely accommodating. Plus I agreed to it as part of the divorce so it's not controlling at all. It's actually been my solicitor who's been on my back about getting this resolved for the last two years and my ex husband has been giving his "permission" for it to go on and on without trying to force anything. He's just trying to buy his own place now so it's come to light as his mortgage is getting blocked by this. He's requested for the clause to be removed but it can't be without going back to court and neither of us can honestly afford it. I assume you've been through the divorce courts yourself?
TheBakersDozen
Frequent Poster
- Messages
- 18
You seem to have a very large "bee in your bonnet" with the continued "controlling" behaviour. He looked to be released from the mortgage and I agreed. My solicitor said that he could've looked for money off of me, and he didn't. All he wanted was his name off the mortgage and the kids protected in the house. I'm due to get remarried and from legal advice the concern was that my new husband would get an over-riding share in the house so he wanted to protect their interests in the house.
He is happy to adjust the agreement as needed but my solicitor said we need to go back to court to get it adjusted.
If you both agree the clause can be removed, then I see no reason why that can't be done - see Mf1's post.
Legal fees build up when parties disagree, not when they agree.
In any event there's your options: remove the clause or do nothing.
As always IANAL.
Legal fees build up when parties disagree, not when they agree.
In any event there's your options: remove the clause or do nothing.
As always IANAL.
So thats what you do.
She can’t, as the legal mess created by both her and his solicitors, signed off by the judge, in the Divorce Decree needs to be modified to change the court order decree, and will require more lawyers fees to fix, which she doesn’t have. Called Liberty to apply”.
Last edited:
How much is the solicitor quoting to get this adjustment?
My sibling is quoted +/- 5k to enforce the last remaining outstanding amounts on a divorce.
Was there barristers involved in the drafting of the divorce document?
TheBakersDozen
Frequent Poster
- Messages
- 18
This is the circle I am going around in. The dates to get court hearings now are also unknown. I need to do one thing to do another, but I can't to the other without doing another. Our divorce was non contested. He wanted off the mortgage and nothing to do with trh house, but solicitors on both sides argued for more back and forth and got to the stage that we were both happy with. Never was it explained as a "oh by the way, this means neither of you will be able to get a mortgage". We've gone to both our solicitors who said it's judge ordered so need to go to court to get it removed. This takes time and money and neither of us can really afford it, hence the stick going around in circles.
TheBakersDozen
Frequent Poster
- Messages
- 18
Nothing quoted yet. Yes barristers on both sides.
Two Options
1. Do something to remove this clause.
2. Do nothing, pay mortgage, stay as you are.
Actually there is one other.
Sell house, clear mortgage & buy another house in your name.
Last edited:
Can either of you afford to do nothing?
Dr Strangelove
Registered User
- Messages
- 1,456
His solicitor should have advised him of this very obvious impediment.
Yours should have advised you too about getting a mortgage in your own name with this “trust” arrangement.
The more I read the more I see reasonable people given very poor advice by paid professionals.
TheBakersDozen
Frequent Poster
- Messages
- 18
Yes so my ex husband pays maintenance and has the kids 50:50 (3-4 nights a week). I couldn't afford to buy him out nor did he want to be bought out. But his solicitor fought to get something from the house and this was the kids share into the house (which he was happy with as was I). However if we both knew it would cause these issues now, we would've come to a very different arrangement
TheBakersDozen
Frequent Poster
- Messages
- 18
Yes unfortunately it seems that way. Is it a way for them to ensure they get more business from us?....I don't know
Why
Did you need solicitors
Barristers
And
A court order
Were you two, who both seemed to agree not able to write down your terms, and get a divorce based on an amicable agreement
TrundleAlong
Registered User
- Messages
- 202
Do you have a new partner? Can he help out?