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Removal From Mortgage

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  • Removal From Mortgage

    Hello all

    I would like some help as to whether I can apply to the Court to be removed from the mortgage on my former matrimonial home or force its sale.

    The mortgage & Land Registry Title are in my ex-wife and my names as when we bought it this was as our matrimonial home with a standard residential mortgage.

    However after a somewhat acrimonious divorce, to say the least, and Civil proceedings where my Wife & children lied to the Court regarding the monies used for the deposit it was found to have been a Trust asset. The Trust being our childrens, of which my Wife & I were Trustees.

    As such my ex-wife & I have no beneficial interest in the house as that is held in its entirety by our adult children.
    Initially during the family proceedings I was advised that it would be very difficult to convince any Court to order the sale or removal of my name as my youngest was in school but she has now finished full-time education.

    The reason I need to be removed is that my ex-wife keeps underpaying or missing payments and is constantly in arrears so this has had a severely adverse effect on my credit rating or even my ability to get any credit, including a phone contract. Iím convinced this is a deliberate act to prevent me from possibly buying another property, as she will be allowed to reside at the former matrimonial home as long as she wants.

    There is also a question over the mortgage, as it is a personal residential mortgage and as it has now been found to be a trust property it should have been a commercial mortgage.

    As such and given that the Court have ordered neither me nor my ex-wife have any beneficial interest in the property my query is as to whether I can remove myself from mortgage or force the sale of the property.

    If so what type of application would I need to make and also what law governs this and what would the Court consider in this type of application.
    Thanks in advance
    Tags: None

  • #2
    Sent a letter before action and they have until next Friday but I suspect I will have to make an application to the Court for this so if anyone could assist i would be most grateful.


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