Thread: My partner is divorced - but still named on ex wifes mortgage - now repossession!

The only thing I can think of is sending a Notice of Disassociation to the CRA's. Then at least he shouldn't be linked to her. He also needs to get hold of his credit report to check that her defaults have not been recorded on his file. If they are he should ask the mortgage company to remove them.

Thanks - we've already requested his credit record - and the financial disassociation to her was completed in Aug 07. But the messed up mortgage remains on his file as his name is still on the mortgage. It just seems ridiculous that C and G wont allow his name to be removed from her mortgage despite the fact he has lived elsewhere for 4 years. The courts even stipulated in the divorce he has no finacial links to the property. C and G said if we pay ff her 7500 arrears and then have 6 full onthly payments they would remove his name - obvously we cant guarantee she will pay for the six months - andshe simply cant afford it. We are now supporting the repssession order - but the only thing is it means my partner will have that repossession against his credit record - through no fault of his own. Is supporting the repossession really the only way to go??? P.S She will defo not sell of her own accord - i had a conversation with her and she said she'd prefer it repossessed that sell so that her ex sufferes financially. OH A BIG OLD MESS - ANY OTHER ADVICE WOULD BE HUGELY APPRECIATED BEFORE MY HAIR FALLS OUT!

Tomterm8 - thank you for any help you can offer. Here is a copy of the consent order - or some of it anyway
CONSENT ORDER
UPON the Applicant undertaking to the Court to use her best endeavours to procure the release of the Respondant from any liability under the mortgage referred to hereafter including any existing or future arreas there under and in default to indemnify the Respondant in relation thereto.
BY CONSENT
It is ordered
within 28 days from the date of this order, or from the date of the Decree Absolute, which ever shall be the l;ater, the Respondant do transfer to the Applicant all his legal and beneficial interest in the property situate at known as (the address) subject to the mortgage secrured thereon in favour of Lloyds tsb account number xxxxxxxx

Does this help you to help us? We do have a solicitor but she said the only thing we can do is support the repossossion - I wonder whether she gave him good advice initially during the divorce? Please help!!!!! Thank you

can anyone please help??????

We are the respondant - so the main damage we're concerned about is the credit scoring - but experian have already said they can not remove anything as it's in join names. It's not the cost of the repossession we are worried about - it's my partner's credit scoring. Can I insist that the credit scoring companies delete this mortgage record from his name? Despite the fact she went into arrears before the divorce was settled and finalised?
Sorry I said it was a toughy. I have a solicitor but she simply said repossession is the best and only way forward to get his name off mortgage. HAS ANYONE EVER BEEN IN THIS POSITION? SURELY SO - OR DID MY PARTNER JUST GET 'TAKEN FOR EVERTHING' IN THE DIVORCE AND THERE REALLY IS NO WAY FORWARD???? arrrrgggghhhhhhhhhh

No as he's in active service in middle east but I have power of attorney so I may go. Weve also drafted a letter to the court stating our support of the repossession becasue of the situation - our solicitor is amending it and emailing it back to me tomorrow.

A similar thing happened to me when I broke up with my ex. I moved out and left the house with him on the grounds he pays the mortgage (he agreed) - BIG MISTAKE. The stupid fool deliberatly let the mortgage run in to arrears, I had no idea until the court summons! I asked him what was going on and he said, he would rather it get repossessed so I can never get another house than sell it.

I didnt have a clue what to do at the time - so I seeked legal advice, luckily I got legal aid at the time. Firstly we had to get a court ordering the sale of the property - secondly, I had to find a cash buyer. The house was in a dreadful state so no body was interested really. I was furious, I could not believe someone could be so spiteful.

One thing I would say, there are ways to stop a repo and I would strongly advise you look in to getting a quick cash sale instead of a voluntary repo because I know it might seem like less hassle just to have it over and done with but are you certain you wont have any mortgage shortfall (take in to account repo fees, legal fees, selling fees etc) I hate to plug my own website but look in my sig at the repo link.

I know how annoyed you must be, but you do have rights to force a sale if the alternative is a repo a judge will help you if you explain this and give you time to get a quick cash sale.