Getting his name off the mortgage

[Magenta]

hi there..i have seen a similar question, but was just hoping for confirmation please..

my mum got divorced almost ten years ago..my father is not a nice person and we have never seen him since.

he said my mum could have the house. however she never got round to taking his name off the mortgage.

i have been trying to persuade her to sel and buy something smaller and now she is finally looking into it but she says she doesnt think she can get his name taken off the mortgage????

now we have just found out his address, so solicitor could contact him and hopefully he wouldnt try to come back into our lives...so what does she do from here.

 

many thanks in anticipation

[lady_p_gold]

Not a lawyer but the thing is whether he is on the Deeds of the house as well.  Are they joint owners of the property or was something drawn up when they divorced ??  All that being on the mortgage means is that he is also liable for payments and jointly has the debt.  If they are joint owners and nothing was ever drawn up then I think she would not be able to sell the property without his signature, and he could be entitled to some of the proceeds of sale.   If he did not want any proceeds then something would still have to be drawn up to protect her from future claims.   If he is only on the mortgage then when she sells it she could get a new mortgage without him on it (if she has the necessary income)  Your mother needs to get legal advice, perhaps a free consultation.

[Kev_UK]

When I got divorced from my first wife I kept the house and she had another house I'd bought to do up and sell as the divorce agreement. I tried to get her name off the mortgage (deeds) but the bank would not take it off as they said if I default they can go to her to chase any debt.. not that she is likely to pay.
My solicitor said that although her name is on the deeds, she has no entitlement whatsover against the property as that was decided and put before a court when we divorced.
Check with your local CAB or see a solicitor.

[Didwot]

The important question is whether an order was made within the divorce proceedings dealing with ownership of the house. If the answer is yes, then that order is determinative of the position. If for example the order said that the house was to be transferred to your mother, but nobody got round to doing that, then it would be possible to get further court orders ( I will not bore you with the details) to put that order into effect.
If no order was made, and if your mother has not remarried then she can still apply for such an order, but it is up to the divorce court as to what order is made.
If there was no order, and your mother has remarreid then she is stuck with the property being jointly owned, and your father will be entitled to his share, possibly subject to adjustment on the principals of "equitable accounting".

[scatch63]

Hi, you need to contact a Solicitors to arrange a Transfer of Equity in which the Solicitor will draw up a Transfer deed transferring the property from joint names to your sole name. However you will need to contact your Mortgage Lender and get their permission to do this. depending on which area of the country you live in this will be approx. �300.00 + vat plus disbursements and takes about 3 weeks on average to complete from start to finish.

[lwalshdesh]

Married for 10 years and getting divorced. My name was never on the house but I made mortgage payments for 10 years. Do I have any say in the house if my name was not on the mortgage/deed?