Author Topic: Divorced but house still in both names  (Read 2661 times)

Bill22

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Divorced but house still in both names
« on: May 05, 2010, 03:02:36 PM »
I have been divorced for over a year and seperated for 2 and half years.  I have the house and my wife moved out 2 and half years ago.

Both our names are still on the mortgage and secured loan on the house, is there a way to remove her name, she is happy to do this and would agree this in writing.  Is there a procedure for thsi to happen.

Also I dont know where the original deeds to the house are, is there a place I can get them from and can I take her name from this too, with her agreement?

Any help would be appreciated

debt123

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Re: Divorced but house still in both names
« Reply #1 on: May 06, 2010, 07:58:48 PM »
I have been divorced for over a year and seperated for 2 and half years.  I have the house and my wife moved out 2 and half years ago.

Both our names are still on the mortgage and secured loan on the house, is there a way to remove her name, she is happy to do this and would agree this in writing.  Is there a procedure for thsi to happen.

Also I dont know where the original deeds to the house are, is there a place I can get them from and can I take her name from this too, with her agreement?

Any help would be appreciated

Hi there after reading your message i had to reply to you,
 
You will need to apply through the courts costs will be around £30.
 
You will also need to get a solicitor involved to take her name of house whether freehold or lease.
 
speak with your local courts on how much they charge.

Sovereign

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Re: Divorced but house still in both names
« Reply #2 on: May 07, 2010, 03:47:10 PM »
Hello again Bill,


You would need the consent of the mortgage or loan company to remove your wife's name from the mortgage and the services of a Solicitor. The deeds to your house will be with the mortgage company.


Steve
Sovereign Consulting

AshleyPark

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Re: Divorced but house still in both names
« Reply #3 on: May 10, 2010, 10:05:48 AM »
Hi Bill,
 
As Sovereign mentioned your deeds are held by the mortgage company.  The process of removing someone from the mortgage should in itself not be too tricky but i have spoke to people in the past where a mortgage company has refused to cooperate as the single party would not be able to service the mortgage regardless of them paying in full and on time throughout the separation.  This may not be the case with all companies though.
 
Lee
Ashley Park Debt Solutions Ltd
 http://www.ashleypa

Sovereign

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Re: Divorced but house still in both names
« Reply #4 on: May 10, 2010, 11:12:46 AM »
Good stuff again, Lee   ;D
Sovereign Consulting

reporipoff

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Re: Divorced but house still in both names
« Reply #5 on: May 20, 2010, 06:09:26 PM »
Hi Bill,
 
I have done this as part of a post nuptial agreement and passed the house ove to my wife. We had to get soicitors involved (and they're not cheap). The mortgage company will only take her name off the mortgage if you qualify in terms of affordability for the mortgage i.e. a complete remortgage. Is she happy to lose her equity in the property and just transfer the debt?
 
If all the above is good then contact your mortgage company and see if you can get a remortgage for what you need. 
 
Then, both you and her will need separate representation and to save some money, if you are both in agreement, I would suggest the following
1. Draft your own document
2. find a good family solicitor (that will do conveyancing or can pass on) each and present the document explaining that it is amicable and you just need legal representation to satisfy the lender.
3. have one meeting each with your own solicitor then arrange a round table to finalise the document (they will bounce it backwards and forwards between themselves if you dont do this charging you both for their time at about £200/hr)
4. get conveyancing solicitors on board and complete the remortgage and RX1 on the land registry
 
hope that helps
 
pm if you want to talk more privately :)

Bill22

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Re: Divorced but house still in both names
« Reply #6 on: May 21, 2010, 09:07:46 AM »
Hi repo,
Yes she is willing ti sign the house over to me with the little equity that is in it, but its just the affordability in the current climate, I don't think the mortgage company would let me change to sole owner, I will try though
Thanks for all your help guys