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Stephen Russell

How to get my Ex off the deeds and mortgage

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The situation is me and my partner are looking to take on the mortgage which she at present has with her ex (they are divorced). A court consent order has been signed by him on the 8th July 2010 stating he is not entitled to any equity in the property. He has not contributed to the mortgage payments for 4 1/2 years and my partner can prove this. However his name is still on the mortgage and deeds.

He is now asking for money or he wont sign the papers allowing my partner and me to remortgage. The house is not in negative equity and in principle the new mortgage company has accepted our offer. Can we take him to the courts and get a court order or how do we get him off the property as we do not wish to sell. This is a complete nightmare for us as he seems to be holding all the cards.

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Hello and welcome to CAG.

 

I think our legal guys might be able to give you some pointers. I'll move your thread there and leave you a short term redirect here.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thanks Honeybee, can you let me know how long the redirect works and how i can view it in the legal section?

 

Thanks

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:lol: you have posted on your thread, so you have access to it in the new section. It is purely an administrative move - you will always be able to access your threads through your user control panel "User CP" at the top right of each screen and you will be notified by email when new posts are made to your thread :)

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What papers, exactly, have you asked him to sign? You would normally need the bank's consent to come off a mortgage before it is repaid?

Edited by steampowered

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The papers he has to sign are to remove him off the mortgage. They are from the solicitors dealing with the mortgage and acting on my behalf to complete the mortgage transfer to another mortgage company. (currently with NRAM and changing to Halifax) Am i right in thinking that if he does not sign them then he remains on the original mortgage?

 

I believe if he does not sign then our only option is to sell the house. Whatever he decides he knows he is not entitled to any money from the house because my partner has already been to court and got a consent order which he has signed.

 

It's really frustrating

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Is the original debt is repaid, then there would be no original mortgage for him to remain on. I'm afraid I don't really understand why there is a problem. Perhaps someone else can shed some light.


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