moving someones name from a mortgage

C

cherrytree

Guest
Hi, I have just moved into a house with my partner. She was preivously married and now divorced. She has got the deeds of the house in her name but the mortgage is in a joint name. We have agreed to have the house remortgaged but the new leaders require her previous partner to sign his name of the exstiting mortgage. My partner doesn't want to contact him as he is a violent person. If my partner was to contact she doubt's who would sign the contacts. Is there any way we can get around this thought contacting him?
 
Hi, I have just moved into a house with my partner. She was preivously married and now divorced. She has got the deeds of the house in her name but the mortgage is in a joint name. We have agreed to have the house remortgaged but the new leaders require her previous partner to sign his name of the exstiting mortgage. My partner doesn't want to contact him as he is a violent person. If my partner was to contact she doubt's who would sign the contacts. Is there any way we can get around this thought contacting him?

Talk to the solicitor who is handling the re-mortgage and take their advice. I don't understand, why, if the property is in her sole name the new lenders are concerned about the partner giving any signature?

mf
 
Answering this from personal experience...

The existing mortgage is in both names, correct? Then if ex husband is being bought out as such he may well be entitled to a sum of money from the increase in value. Is there equity on the property? What was agreed in their divorce?

He will have to give his consent to having his name removed. You could instruct your solicitor to write to him with documents for same to be signed.
 
Hi Shootingstar,

The mortgage is in both there names. Her ex husband was paid of a few years ago and his name was removed from the deeds, but the mortgage company wouldn't remove his name from the mortgage as my girlfriend wasn't working at the time. There was nothing agreed in the divorce.
 
jhegarty - I have no idea why they want his signature to pay of the mortgage. The mortgage company were are going with, will not complete the process without his signature. Everything else is complete on the mortgage.
 
Hi cherrytree...

A name on a joint mortgage account cannot be removed without the consent of both. This can be done through your solicitor who will write to him on your behalf.

See how it goes. Keep me posted. Im interested in this one....
 
Hi Shootingstar,

The mortgage is in both there names. Her ex husband was paid of a few years ago and his name was removed from the deeds, but the mortgage company wouldn't remove his name from the mortgage as my girlfriend wasn't working at the time. There was nothing agreed in the divorce.

I'm interested in this part regarding having the name removed from the deeds, but not the mortgage. Myself and husband are currently separated and I am in the family home. If we were to reach some settlement regarding house, is it possible for him to agree to remove his name from deeds but leave it on the mortgage? At present, I am paying the mortgage, but am not in a position to actually take this over as would not meet the critera. If anyone has experience of this, I would really like to hear. Thanks
 
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