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Transfer of equity after divorce

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  • Transfer of equity after divorce

    Hi everyone

    My friend was married for 4 years to her ex husband and they have a joint property together. They divorced as he wanted to marry his new partner with whom he had an affair with, hence the divorce.

    She has been paying the mortgage now for 81/2 years solely as he moved out in 2011. She has also done home improvements - bathroom, kitchen etc.

    He said initially that he was happy to sign the house over to her (which she, now we realise naively, believed and trusted him).

    He resurfaced and was pushing for my friend to action moving his name off the mortgage (there is also an unsecured loan in joint names - NRAM 'together' mortgage) as he was looking to buy a property with his new wife.

    My friend had to get a second job so she could 'afford' the mortgage and loan on her own (even though she been paying it solely) - he ex husband ran up thousands on her credit cards in her sole name which has obviously had an impact on the affordability check.

    He signed the paperwork back in April from the mortgage company - and they have been a complete nightmare - giving out inaccurate information or stating that they have sent paperwork when they have not.

    She and her ex were on talking terms but recently he will not answer her calls or return them. He sent her an email saying that after speaking to the mortgage company he is taking legal advise (I am aware that they will advise him to do so). She did tell him when they discussed it initially that he would need a solicitor and he stated that he wasn't going to use one as he trusted her. She has appointed a solicitor - who contacted him via email and sent him forms to sign and return on 4th October - they have failed to receive a reply.

    Meanwhile, her solicitor has already had to apply to extend the mortgage offer due to the time this is all taking.

    Is there any form of legal action that she can take to remove his name without his consent? or make him come good on what he promised? Clearly the affair guilt and goodwill has passed.

    Just for info, there are no dependants involved and there is around 30k equity in the property. I sought telephone legal advice on her behalf several weeks ago to ascertain how likely it would be for him to succeed in forcing sale - the solicitor said they are rarely granted and also the fact that she has paid some 42.5k in mortgage payments (not including all the loan payments) and invested in a new bathroom and kitchen would be taken into consideration.

    Any ideas anyone?

    Thanks in advance
    Tags: None

  • #2
    Hello, thank you for reaching out to our service. I understand this is difficult for you and will try my best to assist you. The only time she could remove him from the mortgage without his consent is if she applies for a court order and it has been granted. This is usually only in extreme circumstances. the solicitor is correct in saying the money she has put into the mortgage payments and invested in a new bathroom and kitchen would be taken into consideration. Can you provide more information of what he had promised?

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