house deeds

[freedom123]

I was divorced over 3 years ago and my ex kept the house and was ordered by the court to remove me from the mortgage and the dept in return of me giving up the house. I have recently been given my notice by my landlord and myself and children need to move in 2 months. My problem is that no estate agents will take me on their books as i only work 30 hours a week and get my wages topped up with tax credits and housing allowance. This is despite the fact i have always paid my rent on time and work for the police with good references.

The council will not allow me to get on the housing list as i am tied to my ex husbands property with my name on the deeds. He says he cannot get a mortgage in his name so i have to remain despite the court order.

What can i do as i cant find a property to rent or get any credit as i am tied to the dept and house he was ordered to remove me from

thank you for any advise in advance

[seduraed]

Re: house deeds

Why hasn't your ex removed you from the mortgage. Indeed why haven't you sent the mortgage company a copy of the court order and asked them to remove your name? Could you getc a seconday job to top up your hours?
If alk else fails look at a caravan park on a temporary basis.

[Diana M]

Re: house deeds

I fear your ex husband may be right when he says he can't remove you from the mortgage because that's a decision only the lender can make despite a court Order against him (not the lender). They are not obliged to remove you.

If he doesn't have sufficient income and/or meet a lender's mortgage criteria then he won't get a remortgage either.

Is the property in negative equity? If not then seek legal advice on whether you have any right to seek an Order for Sale of the house. However it appears you may have a financial order in place as a result of your divorce where you have given up your interest in the property. If you had a solicitor helping you with your divorce then contact them again for advice.

Why does your Landlord want you to leave in 8 weeks? Is the property being sold or renovated, or are there rent issues.

If you've been served a section 21 Notice with a "seek possession" date and you don't move out on that date then the Landlord will have to make an Application to the court for possession. Depending on the circumstances the court may grant you the maximum 42 days to leave.

If you don't go on that date then the Landlord will have to make a further Application to the court for an Eviction Warrant. The whole process can take 3 - 5 months.

However if you're planning on moving to another private rental you will need a reference from your current Landlord which will not be forthcoming if you force him to take you to court.

If you find yourself homeless the council will have to consider rehousing you since you have children.

Di