Ex husband in PIP, wants my name off mortgage

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nameoffmortgage

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Hi all, long time lurker but would love some advice.
Divorced ex husband back in 2008
We have a joint mortgage on a house
He wouldn’t leave the house so I had to. Mortgage wasn’t being paid and fast forward to 2023 - ex entered into a pip.
He had a lots of debtors to pay.
He wants my name off the mortgage/ deeds of the house however it seems to be taking a long time. Forgot to mention mortgage is with pepper.
My question is - will pepper just take my name off the mortgage? And will debt go with it?
I have no loans and have never defaulted on any I would have had before, however I did apply for a small one recently and it was declined so I’m assuming the mortgage is showing up on my credit report.
If pepper do take my name off the mortgage and debt goes with it how can I get my credit report sorted and is it even possible?
Sorry for all the questions!
Thanks so much
 
Did the divorce settlement back in 2008 include a court order directing that your name come off the title to the house, and the mortgage? Or a court order approving a separation agreement that provided for this?

It's not a straightforward matter. As long as your name is on the mortage you're liable for the mortgage debt and the lender can pursue you if your ex-husband defaults. Your ex-husband may have defaulted by now; at the very least, there is a prospect that he soon will. So Pepper won't lightly agree to take your name off the mortgage at this point; they would be giving up the opportunity to pursue you for the debt just at the time when it looks as if you might be the only person worth pursuing.
 
Thanks for your reply TomEdison
1. No agreement made in divorce settlement about my name to come off title or mortgage. Or a court order approving otherwise
2. He’s in his second year of pip. I still get letters from pepper but thankfully none to say any default on mortgage. He has since married and had more kids and spent a lot of money doing up the house so I dont think he will be defaulting on it.
As far am I’m aware part of his agreement with pepper for the pip was that my name could come off the mortgage once he had 2 years done on pip.
would it be an option that his wife is signed onto the mortgage which would then leave her liable for the loan?
 
Honestly it’s so long ago I can’t remember. I’ve just checked my divorce settlement again to remind me and there is nothing in relation to the house.
 
thats very odd to be honest, I can't imagine a judge granting divorce with out some reference to what is the largest asset for most people.

Were other orders made? ( if you don't mind sharing that)

And again - did you get legal advice at the time?
 
The mortgage is secondary.

You owned a house together. You still own a house together. Unless you reached some other agreement.

It's unusual that you do not remember the details of the divorce agreement. Did you not want the house or half the house?
 
The divorce was very amicable, he had a pension I could have had but choose not to as the job was got after we separated. In relation to the house we agreed he could live in it and continue to pay the mortgage (small mortgage) however due to the recession his business struggled and he didn’t keep up with the payments - I wasn’t made aware of this as all letters were going to him. And he didn’t tell me. Kbc then sold the loan to pepper. It all came to light eventually. His financial situation is strong at the moment and I can’t see it changing. I know he is eager to get me off the mortgage and house as it is worth decent money now! I’m happy to do so also as I would love to get a mortgage out myself in the near future and am working towards this
 
@DannyBoyD i don’t know how to copy your comment but only other orders thst were made was we had joint custody of our child and everything was split 50/50 in relation to that.
Yes I did everything went through my solicitor
 
Two more questions -

and we are poking at this only because this is, I think, the first time I've come across a case where there is zero mention or provision in regards to the family home.

You would have to reference it in the affidavits, so its not as if it wasn't known about.

1. Are you 100% certain you have a divorce decree & not a legal separation agreement?

2. Were you perhaps divorced overseas? (Can be done if one party is based in another country, not always advisable it has to be said).
 
@brendan he had a lot of Debtors, he obviously only done the pia as a last resort. Again, I wasn’t with him while this was happening but I do know there was a lot to sort. His business is going well again and he also has a second income coming in that’s good.
When I say amicable I mean - no issues with anything money wise to do with child. We just married too young. I was the one who ended the relationship so it was me who left the house.
Myself and my husband are both earning a good wage, in good secure jobs and we will have the deposit soon.

@DannyBoyD
I can attach a pic of divorce settlement maybe I’m missing something? Will also call my solicitor tomoro to ask the question.
 

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Fair enough, thats a divorce decree.

I take it you have re-married. Perhaps I missed it, but I don't think you mentioned that in yr original post.

Again, IANAL, but I think ye were both badly advised In regards to the settlement.
 
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