Mortgage advice

[Thewhitemiester]

Hi, my sister in law has recently divorced though her ex husband is still on their mortgage. How does she remove him without remortgaging ?? Many thanks

[woofgang]

She needs to talk to her mortgage holders to see if they will allow it, some will and some won't. I don't think they have to.

[bednobs]

why wasn't it sorted out with the divorce? Surely divorce is meant to be a final split, so never the twain shall meet ever again?

[Richard1966]

She will have to remortgage, their is no other way.

[Granger99]

I have never divorced but it is likely the ex husband will be entitled to some of the equity in the property.
The mortgage may have to be increased and put into your sister in law's name or the property sold and the net proceeds divided.

[ubasses]

Unless your sister in law can prove that she qualifies for the Mortgage in her own right the Mortgage Company will not agree to anything. If she can, she can remortgage but if her ex husband's name is still on the deeds he will have to agree. If his name is still on the deeds it would be better to leave him on the mortgage as he still has a claim on the property and would therefore still be liable for payments.

[kat-kin]

Your sister could ask her solicitor about getting her name put on the Land Registry like I did twm.

[tonywiltshire]

If as you say the mortgage on the property is in the names of your SIL and her ex-husband, she will have two groups’ people to convince. (1) Her ex-husband that he is prepared for his name to be removed from the mortgage document, he may be giving any equity in the property to his ex-wife. (2) The mortgage company who are interested only in having the mortgage paid, they will not care by whom, at present they have two names each jointly and severally liable to repay the mortgage in full, which she will be asking to reduce to one. She must first be able to deal with the payments and preferably have paid it for several months; if she has and has agreement from her ex-husband she should be able to convince the mortgage provider to have the mortgage document in her sole name, without a guarantor.

[Thewhitemiester]

Thanks you all for the advice, think the remortage will be the best options.
Kind Regards
Ian