Changing Mortgage details without both parties available

[vbeller]

My new husband was previously married and the house we live in has a mortgage in both my husband and ex wifes name. As part of the divorce it states that the house will remain as my husbands dwelling until it is sold when the proceeds wil be split. We don't want to sell however we do want the mortgage to be in both our names instead. The ex wife hasn't paid any contribution towards the house for the past 15 years when they first separated, has moved to Spain and is non contactable except with great difficulty through Spanish solicitors. Where do we stand or what can we do? We know that she will be entitled to some payout but how do we work this out?

[dannydingbat]

Its not a question of the mortgage being in this name or that name. Fact is that he and she are joint owners and, as such, no change can be made to the ownership, and hence the mortgage, without her consent. You will have to make a stonger effort to contact the joint owner. After all, what would you do if the house did get sold.. Where would you send the money? With the right agencies, and if he really wanted to, it is not too difficult.