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History: Home UK Divorce Forum
Topic:
Name removal (7 Posts)
Started By:
Date:
25 April, 2017 05:01PM
Name removal
kaimisty - 25 April, 2017 05:01PM
Hi all....Just a quick question...Do I need my ex husbands permission to remove MY name from our joint mortgage? And can I borrow against the value of the house to remove my name? He has contributed nothing for the last 2 years and has never paid me a penny in child support since we divorced in Oct 2013.
Any help would be greatly appreciated..TIA X smileys with beer
Re: Name removal
HatMan - 25 April, 2017 05:12PM
Not only will you need his approval but just as importantly that of the lender.
Re: Name removal
Bubblegum - 25 April, 2017 05:25PM
kaimisty Wrote:
-------------------------------------------------------
> Hi all....Just a quick question...Do I need my ex
> husbands permission to remove MY name from our
> joint mortgage?

*Yes you do and like the previous poster said, you need the lender's permission too.*

And can I borrow against the value
> of the house to remove my name?

*wouldn't borrowing against the house be just another mortgage? As long as you have a court order or your ex agrees you could remortgage into your sole name subject to meeting the lending criteria. Will you be transferring the house into your sole name?

He has contributed
> nothing for the last 2 years and has never paid me
> a penny in child support since we divorced in Oct
> 2013.
> Any help would be greatly appreciated..TIA X smileys with beer

*was/is there a legally binding financial settlement? Have you claimed CM through the CMS? is he living in the house or have you had the sole benefit of the property since divorce?

I'm not entirely sure what it is that your trying to achieve here... Maybe you could give a bit more information/detail?
Re: Name removal
kaimisty - 25 April, 2017 05:34PM
My ex lives abroad so no chance of CMS.
My fiance and I live in the property with my daughter. The chance of me being able to get my ex to agree to do anything is virtually nil as we aren't on speaking terms.
All I want is to remove my name so I no longer have any financial ties to my ex and I can move on



Edited 1 time(s). Last edit at 25/04/2017 05:35PM by kaimisty.
Re: Name removal
Bubblegum - 25 April, 2017 07:08PM
So no financial order/ consent order has been made yet and the house is jointly owned.
If you want financial independence from your ex I would suggest you apply for a financial settlement with a Clean break. I don't think simply removing your name from a joint mortgage is the solution a) because he would never agree. b) because he still owns the house with you and may be able to claim a share of it.

Which country does he live in? Some countries have Reciprocal Enforcement of Maintenance Orders (REMO) agreements, you should check if you can still claim CM.

[www.gov.uk]
Re: Name removal
kaimisty - 26 April, 2017 08:38AM
He lives in Prague and works in Dubai.
I have written proof that he doesn't want anything to do with the house (emails and messages) but having said that he would not agree to me buying him out for less than £40,000 ( which is what he says he paid in) or taking his name off it. He has been verbally abusive and threatened me with social services, police and selling the house ( which I know he can't do without my permission)
I know that if I remove my name he will be the sole owner of the house and that I would not be entitled to a claim, which I'm not bothered about to be honest.
Re: Name removal
Bubblegum - 26 April, 2017 01:54PM
kaimisty Wrote:
-------------------------------------------------------

> I have written proof that he doesn't want anything
> to do with the house (emails and messages) but
> having said that he would not agree to me buying
> him out for less than £40,000 ( which is what he
> says he paid in) or taking his name off it.

Well there is a big contradiction here. He does want something and it's £40k to give you the house. How much equity is in the home?

> I know that if I remove my name he will be the
> sole owner of the house and that I would not be
> entitled to a claim, which I'm not bothered about
> to be honest.

But where will you live? Why do you not want any of the equity to re-house yourself and children? I think you really should seek proper legal advice to see what the best way forward would be. I find it hard to believe that you are happy to walk away with none of the equity in the home when you have children to house. Sorry this just doesn't make sense to me - am I missing something - like maybe there is no equity in the house maybe?



Edited 1 time(s). Last edit at 26/04/2017 06:37PM by Bubblegum.
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