Legal position regarding mortgage?

If your name is on the mortgage, then you owe the money. It's as simple as that. The bank and the courts are unconcerned with any letters exchanged between you and your ex-husband.

If your name is not on the mortgage, then you are free and clear.

Your divorce attorney should have sorted this all out for you. The last thing you need is endless complications with an ex-spouse.

It's not complicated at all.

The bank (lender) has the final say on who is a party to the mortgage but if the house has sufficient equity to meet the mortgage then there should not be a problem transferring the mortgage to his name alone.

It's not the name on the document the bank is interested in, it's the security, and that's what the house is.

Your ex could not re-mortgage on the same loan without your signature. If he has taken out loans with other lenders, then these take preference behind the first mortgage charge (the joint one).

Seems to me your partner is either 'not getting around' to it or is keeping your name on the mortgage for tactical financial reasons.

So you've got to force the issue.

I suggest you tell him via the solicitor that unless he takes all necessary steps to remove your name from the mortgage and indemnifies you against any shortfall, you will force a sale of the house to release your share of the equity.

If he has any sense, he'll do what is required.

Asking him nicely has clearly not worked.

basically, (as far as I understand it) he can't just take your name of the old mortgage - the bank lent it to both of you. He has to secure a new mortgage in his name (and poss that of new partner, whoever he is), pay off the old mortgage and continue with the new one. in this climate and with his poor credit rating AND with no or little equity in the house, it is doubt full he will secure a mortgage on the house at this time - banks just aren't giving 100% mortgages anymore, the most I've seen is 80%. As far as you stand legally with the mortgage, your name is still on the mortgage papers and are still liable for the debt. This will be going against your credit rating, although if the worst happens, at least you've already moved out and don't have to worry about having your home repossessed.

As you have a joint mortgage, you should be receiving individual mortgage statements. try writing to the lender directly, explain what has happened, that your divorced and moved out of the house 2 years ago. I do warn though that, telling the bank that your ex is or could be in financial difficulty will make them reluctant to take a responsible person off the mortgage and a mortgage is not like paying rent, you can't just absolve your responsibility just because you don't live there anymore.

sorry to be the bearer of bad news, but as you have a joint mortgage, they are your debts as well as his.

good luck with this and I hope it works out, now that he has a new partner it might increase the possibility of him getting a new mortgage.

If it's the same mortgage with your name on the agreement you are still liable however the money was spent. There may be some loopholes though which your solicitor might know but of course now it is in your ex's interest to hold you too the mortgage and pay off his debts for him which his solicitor will try and get for him.

In basic terms, you are still jointly and severally responsible for the mortgage unless and until the mortgagee agrees to release you, which they are very unlikely to do until they are paid off. Sorry, but that is what your solicitor is going to tell you. Presumably you agreed in writing to release your interest in the property, but that doesn't remove responsibility for the mortgage I'm afraid.

you may desire to touch the loan lender to work out once you're nevertheless focused as a borrower on their archives. in case you're they are going to could desire to provide you this advice. i think of you moreover mght could desire to debate the placement with them. in the journey that your ex has borrowed funds with a secured loan without your understanding or permission then i think of there are significant matters that could desire to be pronounced.